Supreme Court Justice Sonia Sotomayor asked how the court could strike down Proposition 8 without also striking down state laws banning incest and polygamy. The Supreme Court ultimately punted on that one, deciding the plaintiffs lacked standing to sue. But the same question is likely to come up again Tuesday, when the court is scheduled to hear arguments in Bourke vs.
According to conservatives, those who want to redefine marriage to include same-sex couples cannot explain why it should stop there. Assuming consent and mutual commitment, why not let them all wed? If constitutional principles and reasoned reflection cannot help sort through the nettlesome issues related to marriage in its potential varieties, the Supreme Court may surprise us and refuse for now to recognize a constitutional right to same-sex marriage.
Supporters of same-sex marriage have generally dismissed such arguments or mocked them as scaremongering. Hodges, which emphasizes the freedom to marry, could be cited as precedent for recognizing polygamous marriages. But there are also solid arguments against such an interpretation.
In this Jan. Supreme Court's recent same-sex marriage ruling to support their case against Utah's polygamy ban, court records show. The filing with the 10th U.
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The Supreme Court's landmark decision that same-sex marriage is a constitutional right brought out an avalanche of commentary about the possibility of polygamy. Indeed, a Montana threesome is already suing for the right to marry. This shouldn't be surprising.
Does the legalization of same-sex marriage in the United States mean that polygamy also will be legalized? Probably not immediately. But probably eventually.
If you're one of those rare people who think one spouse is not enough, your prayers may be answered. After the Supreme Court decision in favor of gay marriage, conservative critics spotted sister wives on the horizon. Some members of the Supreme Court agree.
If you're one of those rare people who think one spouse is not enough, your prayers may be answered. After the Supreme Court decision in favor of gay marriage, conservative critics spotted sister wives on the horizon. Some members of the Supreme Court agree. Dissenting Chief Justice John Roberts argued that "much of the majority's reasoning would apply with equal force to the claim of a fundamental right to plural marriage.