ABSTRACT

This chapter explores whether there is good reason to limit, prohibit, or recognize plural marriage in the context in which states continue to recognize marriage as a civil institution. Specifically considered are arguments in favor of or against extending legal status to plural marriages based on consequentialist reasons and principled reasons. After reviewing three prominent arguments to the effect that the state does have good reason to restrict the civil status of marriage to only monogamous unions and finding them lacking, the chapter argues that the state does not have a legitimate interest in privileging monogamous marriages above plural marriages, where plural marriages are consistent with the equality of all parties involved. Thus, if the state is going to recognize marriage as a civil institution that recognition should be extended to plural marriages that are structurally egalitarian.