In this discussion post, Justin Clardy (he/they; Santa Clara University) introduces their article recently published in the Journal of Applied Philosophy on polyamory and a defense for minimal marriage among the Black population in the USA.

The short synopsis of the article is accompanied by an asynchronous conversation among Anika Simpson (Howard) Faith Charmagne, Luke Brunning (Leeds) and Nannearl Brown (PAGES TRG) where they will engage with the article in terms of its academic and practical implications for the Black population in the US.

Synopsis by Justin Clardy

The Black marriage problem—or the fact that “Black folks just aren’t getting or staying married like they used to”—has been a concern for Black writers. This problem is concerning because just less than 60 years ago, Black marriages rates were thought to be one of the zeniths of the Civil Rights Movement.

In 2022, Ralph Richard Banks appeared in the New York Post doubling down on his 2011 suggestion that in order to solve the Black marriage problem, Black women should consider marrying more white men. What’s striking about Banks’ suggestion is not just that it does not take endogamy as seriously as it should, it also does not take non-monogamy among Black folks as seriously as it should either. What possibilities would expanding legal marriage to include plural marriages offer for the same populations of unmarried Black folks that Black writers believe to be driving the Black marriage crisis? This is one of the questions that I explore in a recent article called “Polyamory in Black.”

Historical records in the U.S. tell stories of non-monogamous relationships dating back to the antebellum period. Some of these relationships were, of course, forged by the pernicious design of the domestic slave trade. Other Black non-monogamous intimate relationships, however, were chosen. In her book, Black Women Black Love: America’s War on African American Marriage, Dianne Stewart writes about Dorcas Cooper who was content to remain in a polygamous marriage after arriving on a plantation to find her husband married to a second woman. When Cooper recognized how well her husband’s second wife, Jenny, took care of Cooper’s kids, historical record even shows a deep fondness of Jenny from Cooper as she would not “let anybody say anything against [Jenny].” Historical record also during Reconstruction, shows Freedmen’s Bureau agents disregarding non-monogamous intimacies in the years following the Civil War by breaking up Black non-monogamous families as one agent recounted “Whenever a negro appears before me with 2 or 3 wives…I marry him to the woman who has the greatest number of helpless children who would otherwise become a charge on the bureau.” Importantly, then just as now, marriage was tethered to a bundle of rights and entitlements that had material consequences, such as the denial of Civil War pensions, on Black individuals and families who the institution forbade.

Despite (or, perhaps because of) the presence of Black non-monogamies, both in the antebellum and Reconstruction periods, anti-non-monogamous propaganda routinely portrayed non-monogamists as Black or barbaric in order to convey messages of chaos, foreigners, and despotism. As I show in an article published in the Journal of Applied Philosophy, some of these anti-black anti-non-monogamous impressions were published in media outlets following the Reynolds v United States decision handed down by the Supreme Court. Even the Court’s official opinion white engagement with non-monogamy was said to produce a “peculiar race” as the practice was thought natural and common among Asiatic and African peoples but foreign to whites.

Insofar as the Reynolds opinion remains one of the highest opinions handed down by the U.S. Supreme Court on plural marriage, present day marriage law has disproportionately harmful consequences on the growing population of Black polyamorists in the U.S.—both socially and materially. For example, non-monogamists are more likely than their monogamist counterparts to have their relationship(s) subjected to social scrutiny and are less likely than their monogamous counterparts to have their relationships cohere with zoning laws forbidding the number of “unrelated” people living in the same household. The ongoing ban against plural marriages in the U.S. generate interesting questions about what it might take to end non-monogamous oppression and enact measures to repair the harms done by legal marriage on Black non-monogamists. And, as I argue in “Polyamory in Black” I think that a compelling rationale can be offered for thinking about Black reparations along these lines.