I think he very well might have, but that doesn't change that:
1) Laws against polygamy have been declared a violation of charter rights 2) This violation has been declared a justifiable violation because of the negative effects of how Mormons do it. Not violating their rights would be worse.
Which leaves the obvious argument open: A group says "all those reasons you said it was definitely a societal ill? Those don't apply to how we do it, and we can prove it. Therefore, the second part can't apply to us."
That argument, if successful, would necessitate the law being modified to exclude them, since they've demonstrated that the infringing law does NOT justify violating their rights, since *not* violating their rights would not create a greater wrong.
Now, the end result really might be the eventual addition of a 3) And we have to violate the rights of non-Mormons, too, because we can't apply the law only to some people and the way Mormons do it is really way too damaging.
Which would be bad - but it might also be 3) The law must be rewritten to prevent only how the Mormons do it, since their way is damaging, while allowing how *you* do it since your way is demonstrably harmless.
(no subject)
Date: 2011-11-23 11:14 pm (UTC)1) Laws against polygamy have been declared a violation of charter rights
2) This violation has been declared a justifiable violation because of the negative effects of how Mormons do it. Not violating their rights would be worse.
Which leaves the obvious argument open: A group says "all those reasons you said it was definitely a societal ill? Those don't apply to how we do it, and we can prove it. Therefore, the second part can't apply to us."
That argument, if successful, would necessitate the law being modified to exclude them, since they've demonstrated that the infringing law does NOT justify violating their rights, since *not* violating their rights would not create a greater wrong.
Now, the end result really might be the eventual addition of a
3) And we have to violate the rights of non-Mormons, too, because we can't apply the law only to some people and the way Mormons do it is really way too damaging.
Which would be bad - but it might also be
3) The law must be rewritten to prevent only how the Mormons do it, since their way is damaging, while allowing how *you* do it since your way is demonstrably harmless.