2014/08/29

Friday Rant - Polygamy Et Al

In a news article that couldn't have been better timed if I'd planned it:

http://www.buzzfeed.com/jimdalrympleii/polygamy-is-legal-in-utah-for-now

A Utah judge ruled that the law making polygamy illegal in Utah was unconstitutional. This has been around for a while and this is actually the conclusion of an appeal, not the original judgement. See here:

http://www.sltrib.com/sltrib/news/56894145-78/utah-polygamy-waddoups-ruling.html.csp

http://www.cnn.com/2013/12/14/justice/utah-polygamy-law/

...Well, actually, it's not quite that simple. It isn't "Polygamy"; it's cohabitation. The judge struck it down because, essentially, there are already laws to prosecute bigamy; there are already laws to prosecute abuses inflicted on partners, especially under-age partners, in certain forms of polygamous marriages (the famous "marrying 14- and 15-year-old girls to 50+-year-old religious leaders" thing which has gotten some Mormon sects a lot of bad press); and Utah does not prosecute adultery or adulterous cohabitation... So prosecuting "religious cohabitation" when no other crimes have been committed is unconstitutional. It's an interesting spin from part of the media on what, underneath, is really a decision based around religious discrimination.

According to Wikipedia (and who doesn't trust the Oracle? *cough*) there are now three states that have anti-cohabitation laws - Mississippi, Florida, and Michigan - and there's some level of expectation that if/when they're challenged they're going to be struck down due to various precedents. When it comes down to it, though, these laws are ones that are generally totally ignored except in particular cases; Utah in particular was famous for totally ignoring their cohabitation law in the case of couples and only using it to threaten polyamorous families - such as the "Sister Wives" case in the original link. It's all part of the same prejudice - the idea that a coupled relationship is "normal", even when it's technically in violation of the law. The total lack of acceptance... But worse, the totally *unthinking* lack of acceptance. It's not even an active discrimination on most cases; it's just the blithe assumption that since it's abnormal it can't be accepted.

I mentioned when I linked the video this week I was going to refer back to it; so let me tie it in here. Right near the beginning at 1:17 is a woman (one of their experts - even re-watching it, I didn't catch her name) talking about BDSM "pretty much being about kinky sex". At 32:35, Hudsy Hawn talks about how important it is to "Let yourself go and role-play." The video was specifically referring to BDSM and power exchange, but the same general attitude is endemic to all of kink - whether it be BDSM, poly relationships, asexuality, or something else. If it's not something you personally believe in or understand, all too often it's "fantasy" or "make-believe"... And frankly, this is an attitude that drives me frigging crazy. Do some people get involved in kink, BDSM, Poly, or something else as "play"? As just something to fool around with? Absolutely. I'm even willing to go so far as to say most people involved feel that way. But even in the video it contradicts itself - one of the couples there are a permanent, married, 24/7 Dom/sub relationship complete with negotiated contract. Parts of their relationship - that contract - may not be protected by law, but that doesn't make it "not real".

It's not just BDSM. Too many people look at poly or open relationships and just call it "cheating" or "unworkable" or "selfish" or "a phase". Too many people look at asexual relationships and say "Oh, if they don't want sex they don't want a relationship, they just want a friend"... When what's really going on is that they have every bit as much desire to be loved, wanted, protected, held close as any other person - they just can't relate to what most people assume about relationships.

Funnily enough, this is the root of my single large disagreement with Dan Savage. He constantly refers to BDSM as "Cops and Robbers for adults with their pants off", which - as I said above - is true enough (in a glib sense) for most BDSM relationships but totally discounts a significant minority of the culture. Similarly he frequently discounts asexual folk because to him the sexual relationship is the center of the relationship, and so a missing sexual relationship means the more general relationship is almost invalid from the start. For someone who's so open, so - to use his term - GGG about almost everything, it's such a strange blind spot to me.

It's astounding to me the blind spots that people don't seem to see they have. Even many of my most progressive friends and family, who are rabidly in favour of freedom for same-sex marriage and gay adoption and all sorts of similar things - just get skeeved out by the idea of either a coupled relationship with a demi- or asexual partner... Or a permanent, committed relationship with more than two members... Or a permanent D/s relationship.

It doesn't help that something like a permanent D/s relationship is very hard to enshrine in law, and rightfully so. Asexual relationships are - for the most part - already supported by law; not having sex, or having a modified sex life, isn't normally a cause for the relationship being invalidated or ignored. Poly relationships are essentially totally unsupported in Western civilization; unless the relationship is a monogamous couple it's either ignored or banned. Many of the same problems found here by same-sex couples apply to multiple partnerships, just in a slightly stranger way; if Ash and I did end up in a relationship with a third, if we settled into a family with someone else, and I ended up in the hospital or - god forbid - dead, Ash would be the only one with any rights or protections. If a poly triangle has a child, two of them are the legal parents as well as the biological parents - and the third  If the same family decides to adopt a child, it's actually one couple that is adopting the child and the third has no rights at all... And the fact there's a third adult in the house may be looked at seriously askance when being interviewed for the adoption. Poly legal issues really are directly parallel, with only a fraction of the attention.

A D/s relationship, though, is usually a formalization of removing part of someone's rights - and I doubt there's any viable way to enshrine that into law without offering significant risk of abuse... If we're ever able to make it past the revulsion most people have when you bring up "no, I don't just mean for play - like, for real." One thing that Ash has brought up with me is that when you start talking submissives, start talking long-term permanent Master/slave relationships, the only real comparison most people have had is the looming spectre of slavery that still even these days hangs over race relations in the US; forced sexual slavery of women being trafficked around the world; and, these days, the 50 Shades trilogy which enshrines an abusive relationship in the trappings of BDSM and tries to make it sexy. None of them are very positive examples... But they're the only examples too many people have.

This has been a very rough week for me. I know I'm essentially just very deep in my own head, but it's been very difficult to shake off a lot of depression, and a big chunk of it is centered around this discussion. People who are okay with BDSM may not be okay with poly or demisexual; people who are okay with poly may not be okay with BDSM or demisexual; people who are fine with demisexual may be totally freaked out by BDSM or poly; and very few of any of them are okay with my limits surrounding my ex-wife and the trouble it will inevitable cause me if I'm fully open about most of this. Just that look of disgust, or that dreaded "...Oh, I see" when you're talking to them... Or even just that sympathetic look when they're trying to explain why you're wrong and assuming you don't understand them when really you understand them perfectly well and are just exhausted of being patronized. It's very easy to fall into despair and fear at never finding someone who can look at you and meet your needs and fit into your life and never give you that look... Of never finding a place where you feel like you fit in because you're just a little bit too far over the edge for anyone around you to ever be comfortable with you, or for you to be comfortable with yourself.

When it comes down to it I know it's just fear and not rational, but I don't have an answer to this one except to keep the faith.

I'll let you know how it goes.

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