Gay Marriage Ruling: Justices Suggest Polygamy Next

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Gay Marriage Ruling: Justices Suggest Polygamy Next
Justices Suggest Polygamy Following Gay Marriage Ruling
New Legal Theory Could Support Plural and Even Incestuous Marriages 

WASHINGTON, D.C. (June 27,  2015): Although little noted in news reports of the gay marriage decision, the Supreme Court’s same-sex marriage ruling, according to two different Justices as well as many legal experts, opens the door wide and could provide the legal basis for the legalization of plural marriages, and Politico is already calling for it to be used to achieve the full legalization of polygamy.

gay marriage vs polygamy

Indeed, the legal theory that marriage is a fundamental constitutional right – a liberty interest – could even require the legalization of incestuous marriages between consenting adults, especially same-sex unions – like those between a mother and adult daughter or between two adult brothers – where there is no legitimate concern about the risks of inbred offspring, says public interest law professor John Banzhaf.

Chief Justice John Roberts was very clear in his prediction on gay marriage: “It is striking how much of the majority’s reasoning would apply with equal force to the claim of a fundamental right to plural marriage.  If ‘[t]here is dignity in the bond between two men or two women who seek to marry and in their autonomy to make such profound choices,’ why would there be any less dignity in the bond between three people who, in exercising their autonomy, seek to make the profound choice to marry?  If a same-sex couple has the constitutional right to marry because their children would otherwise ‘suffer the stigma of knowing their families are somehow lesser,’ why wouldn’t the same reasoning apply to a family of three or more persons raising children?  If not having the opportunity to marry ‘serves to disrespect and subordinate’ gay and lesbian couples, why wouldn’t the same ‘imposition of this disability,’ serve to disrespect and subordinate people who find fulfillment in polyamorous relationships?”

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