<p>I don’t think so!</p>
<p>Loving v. Virginia overturned marriage laws that were racially biased. (I will not extend the holding beyond that - theoretically, under the holding, a state could prohibit all interracial marriages.) At the time, people worried that the holding would pave the way for gay marriage. That happened - about forty years later. Hawaii and Massachusetts obliged in the early part of this century, with Vermont having civil unions on account of its Equal Protection clause having less effect than its neighbour to the south. (Hawaiians then amended their Constitution to prohibit gay marriage, but their Supreme Court did, prior to the quick amendment, rule in favour of it.) </p>
<p>Sorry, CalMom. You allow gay marriage and polygamy will be in the courts in less than a decade. Gay marriage is condoned by some religions but is not required by it. Many religions require or strongly support polygamy. There is this little thing called the First Amendment. It doesn’t take a genius to realize that any law that allows gay marriage but prohibits polygamy will be overturned. If it’s a religious thing, welcome to First Amendment strict scrutiny. Are marriage laws, those that allow gays to marry but prohibits the same to polygamists under a religious mandate to marry in this manner, narrowly tailored to meet a compelling state interest? I think not! </p>
<p>Frankly, CalMom, you must know that a law that allows gay marriage but does not allow polygamy will flunk rational basis (at least the version of rational basis used in the MA same-sex marriage case). There is no reason why a state could forbid polygamy, which has a much stronger historical and evoluntionary basis than gay marriage, while permitting every other version of marriage.</p>
<p>Don’t agree? Do you really think that enough federal and state judges will see it that way so it won’t happen? Why gays - sanctioned by no religion - but not polygamists - mandated by some sects of Islam and Mormanism and practiced throughout history? </p>
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That has not stopped a legal argument in the past fifty years. Simply substitute “those of the same race” for ‘two people,’ or ‘religion,’ or, actually, whatever overturned-marriage-restriction-of-your-choice terminology, and you can see the judicial extension of our marriage laws in action. We’ve tried to define marriage in any number of limited ways, always to be foiled by those pesky Equal Protection clauses (which were really designed to prohibit de facto slavery). Heavens only knows what will happen when some brave soul throws religion into the mix!</p>
<p>Not to go off on a rant, but our esteemed Constitutional precedent considers abortion to be an extension of the right to be secure in one’s papers and effects against unreasonable searches and seizures. Surely polygamy will be sanctioned once gay marriage opens up the traditional definition of marriage - and then you have the First Amendment (that Amendment that is directly on point - no need to find “penumbras” of religious expression, nor to consider that the Constitution is a living, breathing document; no need, as everyone from the strict constructionists down to the liberals will be on board) artillary - weaponry that gays don’t have but succeed without.</p>
<p>Constitutional amendment, baby! Either that, or welcome to the brave new world of everyone running about with their better thirds. :)</p>