

Still problematic within this construct is the Law of Placing. In a severely patriarchal hierarchy such as the FLDS, a minor girl might not be able to express a right of refusal to marry if her father or the elders or prophet within the church decides she is to enter into an arranged marriage. Expansion of the ongoing dialogue between the church group and social services organizations, including private as well as state-run agencies, would help to address this concern. If a girl is made aware of her rights and has access to a crisis hotline, Child Protective Services, or the court system, she can be afforded the same rights as any other girl of her age in her state. Likewise, if access to health care is provided, counseling as to legal rights, family planning options, and sexual self-care can drastically improve her quality of life. This also positively affects her mental health by promoting a positive self-image and allowing her to project a positive frame of mind for her family and ultimately, her children.


The next step in the redefinition of marriage must be the method and process by which the change occurs.  There is enough law present in the country to guarantee the right to marry or the right not to marry under the Constitutional right to privacy, and citizens have the right to contract amongst themselves in order to make their own personal law. Fundamentally, the process of a legally recognized union could potentially remain unchanged. The state could even provide a model or generic nuptial agreement to be modified and signed by those desiring to be united. The contract could then be filed with a county clerk or registrar upon completion. Replacing marriage per se with contracted unions provides an elastic, yet proven method of creating families and encouraging stable partnerships which retain the social status and benefits of that which we currently term “marriage”.


The common rules of contractual obligation would apply: in order to enter into a legal nuptial contract, one must be able to provide consideration in the form of a commitment; one must be of legal capacity or have parental permission based upon the guidelines of the law, an offer freely made and an acceptance freely given. This would allow two or more parties to arrange their own rules. A contract could be indefinite; it could set forth a time frame for the union, at which time a renewal contract could be signed and amendments or changes made. 


In the case of a plural marriage, the contract between two spouses could allow for a certain number of additional spouses, or a waiting period before allowing an additional marriage to take place. It could also specify age of any additional spouses, and specify remedies in the case of breach. The state could also regulate the minimum age for a contracted individual, much the same as marriage licenses are currently granted with parental permission to minors who have reached a state-sanctioned age (usually no younger than 16). 