Updates: Polyamory in Canada, Eric Christensen, and Synthetic Marijuana

Jason Pitzl-Waters —  June 15, 2010 — Leave a comment

I have a few quick story updates to share with you today.

Polyamory Court Case in Canada: As I mentioned last week, a major case involving the rights of polyamorous families in Canada is headed for the B.C. Supreme Court. In the comments of my entry, John Bashinski of the Canadian Polyamory Advocacy Association offered some clarification as to what exactly is being fought for in this instance.

“You’re right that this will raise polyamory’s profile in general, and that it may bring out the Pagan connection. However, this case isn’t going to result in a “semblance of legal recognition” for poly families… unless not being thrown in jail counts as recognition. What’s being challenged is an 1890 stature providing for five years in prison for being in “any kind of conjugal union” with more than one person (and, significantly for Pagans, for even attending a ceremony celebrating such a union). If we win, the result of this case will be more like what GLB(*) people got in 1969 than like what they got in 2005.”

So to be clear, this is about decriminalization, not legalization, I apologize for misconstruing the nature of case in my original post. However, many of my initial points about a potential culture-war blow-up and modern Paganism’s role within modern polyamory remain pertinent.  This is, and will be, a Pagan issue. Among the affidavits filed in this case was one by Surrey-based Wiccan priest Sam Wagar, who argued for the religious right to practice legal polygamy. In addition, The Congregationalist Wiccan Association of British Columbia (CWABC) has issued a statement in support of performing multiple-marriage ceremonies, while trying to stay within the bounds of Canadian law.

“…any form of love or sexuality that is non-abusive, and non-coercive, between consenting adults, is acceptable and even desirable. This includes, but is not limited to, relationships that are heterosexual or homosexual, relationships that are monogamous or polyamorous, and relationships that are alternative or conventional … the law currently forbids legally recognized clergy from presiding over any ceremony that bears any sort of resemblance to a wedding between more than two partners. For this reason, and only this reason, our religious representatives, as recognized by the Province of British Columbia, cannot perform polyamorous handfastings, or even handfastings between two people when one of the parties involved is still legally married to someone else. If we are approached to perform such a ceremony, we will refer the interested parties to clergy within our Church, or to qualified individuals within the Pagan community, who do not have legal marrying credentials from the Province of British Columbia.”

I’ll be watching this case as it develops. Whether the debate, or the issue, will spill over into US politics remains to be seen. Some are wondering if the next big push by activists after winning gay marriage won’t be polygamy, but prostitution. In any event, this issue is leaving the fringes, and we’ll need to be ready to address it.

The Eric Christensen Murder Trial and Conviction: Ten days ago Everett, Washington resident Eric Christensen was convicted of first-degree murder in the death of his former girlfriend Sherry Harlan. Both Christensen and Harlan were involved in the local Pagan community, and the prosecution made a religious “blood oath” between the two a central element of their argument for premeditation. Christensen’s sentencing will be this Friday, and since his conviction, there’s been quite a bit of commentary on the Internet. Notably, someone claiming to be a juror in the trial made a comment on this blog concerning the argument for premeditation.

“I was a juror on the Christensen case and I can tell you that there was not a shred of evidence or testimony supporting the argument of premeditation. None. Only Mr. Matheson’s and Mr. Bridges’ conjecture.”

The defense was arguing for second-degree murder, saying there was no proof Christensen planned to kill Harlan before the act. It seems likely that some sort of appeal will be filed, though there is no doubt that Christensen is indeed guilty of murder and should be punished for it. Understandably, Harlan’s mother is calling for the death penalty, though that’s not on the table because it wasn’t tried as an aggravated murder. Since the conviction, Snohomish County deputy prosecutor Craig Matheson emphasized that this murder was not a“Wiccan killing”. What the long-term reverberations of this case will be for Pagans in Washington remains to be seen.

The War on Some Herbs: Way back in April I reported on Louisiana House Bill 173, which would ban the sale, use, and possession of herbal “synthetic marijuana” blends that are legally sold in head-shops in several states. I noted that the bill would go much further than simply banning chemically treated “spice” herb blends, as it prohibits a whole host of herbs from being blended and smoked.

“HB173 would prohibit a number of plants from being blended and smoked or inhaled. The plants in question include mugwort, honeyweed, sacred lotus and dwarf skullcap.  Many of these plants are listed as ingredients in herbal incense products.”

Now word has come that the bill has passed both the Louisiana House and Senate and is headed to governor Bobby Jindal’s desk where it will no doubt be signed (alternate link).

“House Bill 173 was approve unanimously. State senators voted 32-0 to approve the bill, which bans the production, use, manufacture or possession of the synthetic substance, and provides penalties similar to those for marijuana. Louisiana is one of just a number of states that have passed bans as of late. Earlier this year, Georgia, Texas and Missouri have passed bans. While a number of states will likely consider legalizing marijuana, support for K2, thus far, has been little to none. Most states have passed bans with little or no opposition as it has proved to be a relatively safe political bet in an election year.”

This is bad news, and could have legal effects on those who grow and sell various herbs. One wonders where the natural health community is on this issue, or if they are laying low because it’s targeting head shops instead of Whole Foods. If we allow local governments to slowly ban more and more herb and herb-blends because it might get some kids high, we may find our gardens outlawed and our tinctures confiscated.

That’s all I have for now, have a great day.

Send to Kindle

Jason Pitzl-Waters

Posts