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well, same sex marriage is officially the law of the land, 5-4

Noodle

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Jun 19, 2001
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I have not read the opinion yet, but by commentators' summaries the opinion is apparently measured in its approach, with the decision likely not having too much relevancy beyond same sex marriage. But I'm sure people will come up with some reasoning as to why it may not be so limited (as happens with most other opinions of this magnitude).
 
Next year the Supreme Court will likely rule in a 5 to 4 decision that the sun rises in the west and sets in the east. They'll find that God had originally intended it to be that way.
 
Gay marriage, okay. Does the Constitution say anything to prevent polygamy? If love is good, why isn't loving more than one even better? So I guess now only single people are discriminated against.
 
Gay marriage, okay. Does the Constitution say anything to prevent polygamy? If love is good, why isn't loving more than one even better? So I guess now only single people are discriminated against.

I think Polygamists should have the same rights as LGBTs. Good luck getting around the Feminists though.
 
I think Polygamists should have the same rights as LGBTs. Good luck getting around the Feminists though.
It would seem wrong for those that pushed for gay marriage to not support the polygamists. Let's see if they step up.
 
It would seem wrong for those that pushed for gay marriage to not support the polygamists. Let's see if they step up.

I wasn't in support or opposition. I just didn't care to give it thought and energy given the serious problems facing this country.
 
I wonder, when women wanted the right to vote should they have accepted "it really isn't important, we aren't going to worry about this issue". Or maybe to follow up with the polygamists, "if we give women the right to vote, we'll have to let kids and foreigners vote too".
 
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There are so many more important issues to worry about, not sure why anyone would spend the time worrying about this one.
You'd likely find it pretty important if you, a family member or a good friend was gay. I'm very happy for my friends, some of whom are married and some who probably will soon. As for the polygamy, I'm surprised you didn't try the bestiality meme. Both are silly. It's a very good day in America. But I agree, let's tackle some other issues and leave this one behind.
 
Gay marriage, okay. Does the Constitution say anything to prevent polygamy? If love is good, why isn't loving more than one even better? So I guess now only single people are discriminated against.

In what way are single people discriminated against, b, that links to the gay marriage decision? Or that doesn't, for that matter.
 
When I raised the polygamy issue, I was called a bigot, allegedly on grounds that I wasn't really trying to discuss the legal niceties of the cases, but was just using the polygamy issue as a way to deny gay people equal rights. The attacker failed to notice that, in their own mind, they were equating polygamy with something allegedly "vile enough" to potentially harm the same-sex marriage argument. It had never entered their mind (and probably still hasn't) that someone they viewed as a "wrongy" (as opposed to a leftie or rightie - see what I did there?) might support (or at least not care about) who marries who or how many.

Always fun to interact with open-minded leftists.
 
I wasn't in support or opposition. I just didn't care to give it thought and energy given the serious problems facing this country.
Equal rights is a serious problem, m. Given the one really creative thing we did in our Constitution, its maybe the most serious problem an American can face or raise. That you don't see that is sad and troubling.
 
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When I raised the polygamy issue, I was called a bigot, allegedly on grounds that I wasn't really trying to discuss the legal niceties of the cases, but was just using the polygamy issue as a way to deny gay people equal rights. The attacker failed to notice that, in their own mind, they were equating polygamy with something allegedly "vile enough" to potentially harm the same-sex marriage argument. It had never entered their mind (and probably still hasn't) that someone they viewed as a "wrongy" (as opposed to a leftie or rightie - see what I did there?) might support (or at least not care about) who marries who or how many.

Always fun to interact with open-minded leftists.
I don't know quite what you're talking about here, M, other than the fact that you really really really don't like liberals, but if 3 people want to get married how is that any skin off your ass, or mine?
 
I don't follow the argument that we should have to allow polygamy now. Personally, I have no problem with polyamorous families, but I don't think they have a legal argument to be made the way same-sex couples do.
 
When I raised the polygamy issue, I was called a bigot, allegedly on grounds that I wasn't really trying to discuss the legal niceties of the cases, but was just using the polygamy issue as a way to deny gay people equal rights. The attacker failed to notice that, in their own mind, they were equating polygamy with something allegedly "vile enough" to potentially harm the same-sex marriage argument. It had never entered their mind (and probably still hasn't) that someone they viewed as a "wrongy" (as opposed to a leftie or rightie - see what I did there?) might support (or at least not care about) who marries who or how many.

Always fun to interact with open-minded leftists.

You might watch this on having an open mind.
 
Next year the Supreme Court will likely rule in a 5 to 4 decision that the sun rises in the west and sets in the east. They'll find that God had originally intended it to be that way.
I was under the impression God was in charge of all things, no?
 
You'd likely find it pretty important if you, a family member or a good friend was gay. I'm very happy for my friends, some of whom are married and some who probably will soon. As for the polygamy, I'm surprised you didn't try the bestiality meme. Both are silly. It's a very good day in America. But I agree, let's tackle some other issues and leave this one behind.

I'm not FOR polygamy, but if all adults agree with it and are conscious of the decision they're making, I wouldn't care. Beastiality is a whole different "animal" :p in that one party isn't aware of what's going on and can't "agree" to a legally binding agreement.

Try getting a hoof print on a legal document!
 
I don't follow the argument that we should have to allow polygamy now. Personally, I have no problem with polyamorous families, but I don't think they have a legal argument to be made the way same-sex couples do.

Really? You seriously doubt that by combining the explicit Constitutional rights to practice genuinely-held religious beliefs, and the pnumbral (sp?) Constitutional rights to privacy, with the 14th Amendment principles found in these newest cases, a Mormon would not be able to make a case for polygamy? Really?

Or taking out religion altogether, 2 guys and 8 gals (or 8 gals and 2 guys of various sexual preferences/identities) couldn't succesfully demand the right to all marry each other - even if ONLY to gain the insurance and inheritance rights bigots like you (er, us) get?

You must be one of them one man/one woman, one man/one man, one woman/one woman bigots.
 
Really? You seriously doubt that by combining the explicit Constitutional rights to practice genuinely-held religious beliefs, and the pnumbral (sp?) Constitutional rights to privacy, with the 14th Amendment principles found in these newest cases, a Mormon would not be able to make a case for polygamy? Really?

Or taking out religion altogether, 2 guys and 8 gals (or 8 gals and 2 guys of various sexual preferences/identities) couldn't succesfully demand the right to all marry each other - even if ONLY to gain the insurance and inheritance rights bigots like you (er, us) get?

You must be one of them one man/one woman, one man/one man, one woman/one woman bigots.
Huh?
I already said I don't personally have a problem with polyamorous families. If a state wants to legalize it, fine with me.
But I have yet to hear a good argument that the Constitution demands it.
 
I don't know quite what you're talking about here, M, other than the fact that you really really really don't like liberals, but if 3 people want to get married how is that any skin off your ass, or mine?

I don't mind liberals.
Just not fond of hypocrites.

Generally, it's not (skin off our body parts, that is). That was my original point. Which they missed. Due to their preconceived prejudices about me ("f'n wrongy") and their own un-recognized prejudices against polygamists.
 
I don't mind liberals.
Just not fond of hypocrites.

Generally, it's not (skin off our body parts, that is). That was my original point. Which they missed. Due to their preconceived prejudices about me ("f'n wrongy") and their own un-recognized prejudices against polygamists.
You do understand that it's possible to think something isn't immoral without also thinking that people have a Constitutional right to do it, right?
 
You'd likely find it pretty important if you, a family member or a good friend was gay. I'm very happy for my friends, some of whom are married and some who probably will soon. As for the polygamy, I'm surprised you didn't try the bestiality meme. Both are silly. It's a very good day in America. But I agree, let's tackle some other issues and leave this one behind.

The polygamy analogy is far from silly. On what basis would you deny three people the fundamental right to marry when any two men or women can? If not having the opportunity to marry “serves to disrespect and subordinate” gay and lesbian couples, as the SCOTUS said, why wouldn’t the same refusal to allow a polygamous marriage "serve to disrespect and subordinate people who find fulfillment in polygamous relationships?

To me it is a straight line from SSM to polygamy.

Insofar as tradition is relevant, there is obviously a LOT more historical (and current in other cultures) support for polygamy.
 
To me it is a straight line from SSM to polygamy.
That's because you're an idiot. Marriage remains fundamentally a relationship between two people, a relationship which you can have with only one other person at any given time. All same-sex marriage does is remove restrictions on who (among other eligible people, of course) you can select as your One and Only.

Polyamorous relationships would be an entirely different kind of relationship. And while I'd have no problem with legalizing such relationships, to suggest that they are somehow analogous to same-sex marriage is to make the most ridiculous of slipper-slope arguments. You might as well say that you have to be allowed to marry your dog, or your toaster, or perhaps a dead person, for all the sense it makes.

Insofar as tradition is relevant, there is obviously a LOT more historical (and current in other cultures) support for polygamy.
That is true, although most polygamy revolves around an outdated view of what marriage is (one in which the female is placed under the legal power of the male).
 
You'd likely find it pretty important if you, a family member or a good friend was gay. I'm very happy for my friends, some of whom are married and some who probably will soon. As for the polygamy, I'm surprised you didn't try the bestiality meme. Both are silly. It's a very good day in America. But I agree, let's tackle some other issues and leave this one behind.

No, I just legitimately do not care. If gay people want to marry, I am not against it in the slightest. It just isn't something that I feel warrants my time and energy. I am happy for them, but was not going to join their fight.
 
No, I just legitimately do not care. If gay people want to marry, I am not against it in the slightest. It just isn't something that I feel warrants my time and energy. I am happy for them, but was not going to join their fight.
Equal protection is an awfully strange thing to legitimately not care about. I can understand people who are opposed to same-sex marriage for religious reasons. But if you're not one of them, if you genuinely don't have a problem with same-sex marriage, then not caring about it at all kind of makes you an asshole.
 
Marriage remains fundamentally a relationship between two people, a relationship which you can have with only one other person at any given time.
The definition has been change from one man and woman to any two people so why can't it be changed again?
 
The definition has been change from one man and woman to any two people so why can't it be changed again?
That's not what happened. You should read the actual opinion. Kennedy went, in detail, through the history of the courts' recognition of marriage as a fundamental right, as well as the development of the courts' understanding of equal protection for same-sex couples, and showed why the only logical conclusion is to stop denying this fundamental right to same-sex couples.

Your characterization of what has happened is one that can be found in the dissents, but not in the majority opinion. It's quite easy to see that Kennedy's legal justification does not automatically apply to polyamorous families.
 
That's not what happened. You should read the actual opinion. Kennedy went, in detail, through the history of the courts' recognition of marriage as a fundamental right, as well as the development of the courts' understanding of equal protection for same-sex couples, and showed why the only logical conclusion is to stop denying this fundamental right to same-sex couples.

Your characterization of what has happened is one that can be found in the dissents, but not in the majority opinion. It's quite easy to see that Kennedy's legal justification does not automatically apply to polyamorous families.

On the other hand, who says it won't be changed again? I have no idea what future generations will consider. For them, our laws against polyamorous families may seem barbaric. And that is the right of future generations. We all know 150 years ago men would have fought and died to prevent blacks and whites from marrying (and they did fight and die to prevent that). Today we mostly accept it. Because of the consent issue, bestiality and children will probably always remain as verboten. For the rest, I'm willing to let future Americans decide for themselves. I don't believe there is any chance we're going to change polygamy issue in the next 10 years.

No one says it, but this specific ruling never would have happened without the polling data showing a majority of Americans now accept gays. Until/unless that happens with polygamy, the court won't touch it. Well, Scalia might just to make some rant about the other justices.
 
On the other hand, who says it won't be changed again? I have no idea what future generations will consider. For them, our laws against polyamorous families may seem barbaric. And that is the right of future generations. We all know 150 years ago men would have fought and died to prevent blacks and whites from marrying (and they did fight and die to prevent that). Today we mostly accept it. Because of the consent issue, bestiality and children will probably always remain as verboten. For the rest, I'm willing to let future Americans decide for themselves. I don't believe there is any chance we're going to change polygamy issue in the next 10 years.
I agree with all that. I've already said about 120 times in this thread that I'm perfectly cool with legalizing poly relationships. I'm just pointing out that the slippery slope argument is dumb. Kennedy's opinion is tailored toward two-person relationships. If we decide polygamy is a fundamental right in the future, we'll need a new analysis, because Kennedy's won't work (well, most of it won't work; a few snippets might be applicable).
 
Yet another opinion where too much is made of a minor legal point

When you get right down to it, all the court said is that a same sex couple applying for a marriage license is similarly situated as a man and a women applying for a license. The vast majority of Americans already lived under such a rule. SCOTUS didn't add much--except in an academic sense.

But the real issue here is not same sex marriage, but that this is the first time in history SCOTUS applied a federal standard to a family law issue. This has exclusively been a state law issue until today. The only alternative to the court's decision today was to allow the states to continue to evolve with same sex marriage. By in large, that train has already left the station. Allowing the states to legislatively decide would take more time, but would have been less divisive.

Colorado is still a common law marriage state. I can see some interesting cases developing.
 
On the other hand, who says it won't be changed again? I have no idea what future generations will consider. For them, our laws against polyamorous families may seem barbaric. And that is the right of future generations. We all know 150 years ago men would have fought and died to prevent blacks and whites from marrying (and they did fight and die to prevent that). Today we mostly accept it. Because of the consent issue, bestiality and children will probably always remain as verboten. For the rest, I'm willing to let future Americans decide for themselves. I don't believe there is any chance we're going to change polygamy issue in the next 10 years.

No one says it, but this specific ruling never would have happened without the polling data showing a majority of Americans now accept gays. Until/unless that happens with polygamy, the court won't touch it. Well, Scalia might just to make some rant about the other justices.

Is that system fair though? Just because the LGBT community is more vocal and populous, should they be the only ones that are allowed equal rights? Shouldn't every citizen, sans Criminals, have equal rights?
 
Is that system fair though? Just because the LGBT community is more vocal and populous, should they be the only ones that are allowed equal rights? Shouldn't every citizen, sans Criminals, have equal rights?
The legal issues are entirely different. Polygamists aren't being denied the right to marry whom they choose. They are being denied the right to use their religious convictions as a justification for violating generally applicable laws. If a polygamist wants to make a case on marriage, he's going to argue the First Amendment, and he's going to argue a RFRA, if his state has one. And they've been doing it (there are a couple of cases in the courts right now, in fact). So far, they haven't won.

Maybe they will win one soon. And good for them if they do. But it has nothing to do with what happened today with same-sex marriage.
 
That's because you're an idiot. Marriage remains fundamentally a relationship between two people, a relationship which you can have with only one other person at any given time. All same-sex marriage does is remove restrictions on who (among other eligible people, of course) you can select as your One and Only.

Polyamorous relationships would be an entirely different kind of relationship. And while I'd have no problem with legalizing such relationships, to suggest that they are somehow analogous to same-sex marriage is to make the most ridiculous of slipper-slope arguments. You might as well say that you have to be allowed to marry your dog, or your toaster, or perhaps a dead person, for all the sense it makes.


That is true, although most polygamy revolves around an outdated view of what marriage is (one in which the female is placed under the legal power of the male).

Have we ever met? Do you routinely call people you have never met an idiot?
 
Have we ever met? Do you routinely call people you have never met an idiot?

I m not the only one to see the connection. Justice Roberts devoted a couple of paragraphs to it in his opinion. Is he an idiot?
 
Have we ever met? Do you routinely call people you have never met an idiot?
No, we haven't, and yes, I do. It's a nervous tic.
I m not the only one to see the connection. Justice Roberts devoted a couple of paragraphs to it in his opinion. Is he an idiot?
In this instance, yes. It's a dumb argument. At least Roberts was aware enough to admit that it might actually be a dumb argument, and recognize that he was applying Kennedy's reasoning in a very selective manner.
 
The legal issues are entirely different. Polygamists aren't being denied the right to marry whom they choose. They are being denied the right to use their religious convictions as a justification for violating generally applicable laws.

They do not need to argue a religious basis for polygamy. You are stuck with Mormon paradigm in your head. Imagine a bisexual man with a gay male partner and a hetero female partner. How is he to fulfill himself without polygamy?

Kennedy did not make this case about gender discrimination. It is a substantive due process infringement on the right to marry, interfering with the liberty and dignity of the couples. One cannot simply say that a marriage is fundamentally a two person arrangement. The whole point of Obergefefll, it would seem, is that a state cannot define the parameters of marriage in a way that interferes with the dignity of an individual. Traditional limitations on marriage cannot survive just because they are traditional. And while we are at it, the tradition in favor of hetero -only marriage is a lot stronger than than the tradition against polygamy. Polygamy, of course, has a deep history and is currently in practice in many parts of the world. Major religions endorse it. None of this can be said for SSM.
 
Do you think that the age of minority will be lowered and the laws of child molestation changed. If a minor under 15 can be charged with murder does he/she have the same rights as an adult when it comes to sex acts. I know a lot of couples where there are more than 4 years in aged difference. In most states if not all a 19 year old being involved with a 15 year old is a crime whether or not prosecution is pursued. That same 15 year old can be charged as an adult for other crimes at the discretion of the Prosecutor. I am not sure how far we go to deal with situations like this. I had an 18 year client once that was charged with a crime for being involved with a 15 year old at the adamant request of the her parents. The two actually got married after she graduated from high school and it took some time but they and their kids were finally accepted into the family.
 
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