\
  The most prestigious law school admissions discussion board in the world.
BackRefresh Options Favorite

Serious Q: Why does the reasoning in Obergefell v.Hodges not extend to polygamy?

The more philosophical portion of the opinion runs from page...
Brass property depressive
  06/26/15
Date: June 25th, 2015 1:04 PM Author: Gentleman Jim Corbett...
swashbuckling pistol
  06/26/15
...
Adulterous nofapping dragon shrine
  06/26/15
it will. this is the start of a very dangerous path. Lest to...
underhanded hell internal respiration
  06/26/15
"The ancient origins of marriage confirm its centrality...
Talented theater stage pisswyrm
  06/26/15
Many ancient societies were polygamous.
Brass property depressive
  06/26/15
All the better.
Talented theater stage pisswyrm
  06/26/15
Seriously. Gay marriage was never recognized in society unti...
Electric Cumskin
  06/26/15
Polygamy IS traditional marriage.
doobsian startling sanctuary
  06/26/15
Exactly. All the more reason polygamy should be legal. The...
Confused Lime Hairy Legs
  06/26/15
There is none, because there is no principle here, just arbi...
Soul-stirring sienna roommate
  06/26/15
2025: Constitutional right to polygamous marriage found in M...
Brass property depressive
  06/26/15
You think it will take until 2025? LOL at you.
Hyperventilating juggernaut shitlib
  06/26/15
The first state Supreme Court ruling on this was about a hal...
Brass property depressive
  06/26/15
The pace is accelerating.
Hyperventilating juggernaut shitlib
  06/26/15
...
swashbuckling pistol
  06/26/15
"Constitutional right to polygamous marriage found in M...
Honey-headed church masturbator
  06/26/15
short for Muhammad Thundercock Perez-Gallo
Brass property depressive
  06/26/15
...
Dun Market
  06/27/15
180
Concupiscible cordovan knife halford
  06/26/15
...
aromatic drunken abode corn cake
  06/26/15
This is beyond 180. My wife stopped what she was doing to a...
judgmental citrine old irish cottage
  06/26/15
SSM ban is not rationally related to an important government...
painfully honest charismatic national security agency
  06/26/15
So the right to SSM is contingent on the empirical question ...
Brass property depressive
  06/26/15
"Further, if it was shown polygamous marriages were no ...
Honey-headed church masturbator
  06/26/15
"who gives a shit if polygamy is legal, i sure as hell ...
Brass property depressive
  06/26/15
WELCOME TO LIBTOPIA EVERYONE
Brass property depressive
  06/26/15
LOL I'm not a lib. I'm a Bible thumping conservative.
Honey-headed church masturbator
  06/26/15
No wonder you support polygamy
Adulterous nofapping dragon shrine
  06/26/15
I ASSUMED HE WAS ON ONE SIDE OF THE POLITICAL AISLE AND HE S...
Honey-headed church masturbator
  06/26/15
i don't - it's historical, it's well-supported by all major ...
Honey-headed church masturbator
  06/26/15
Thank you for going on record to confirm what we all suspect...
Brass property depressive
  06/26/15
that the most sexually and religiously conservative poaster ...
Honey-headed church masturbator
  06/26/15
Interesting. It seems most mainstream liberals support S...
Brass property depressive
  06/26/15
TBF he's pretty accurate Also, we're all products of r...
Adulterous nofapping dragon shrine
  06/26/15
"We have a strong interest" means whatever SJW &am...
Soul-stirring sienna roommate
  06/26/15
...
swashbuckling pistol
  06/26/15
...
Dun Market
  06/27/15
we have an interest in protecting children from fag marriage...
Nudist brunch
  06/26/15
if you truly believe this and aren't just playing devil's ad...
stirring mildly autistic macaca field
  06/26/15
Kennedy opinion repeatedly and consistently states that marr...
180 nubile set cuck
  06/26/15
You're ignoring the OP. What principled reason do we have to...
Brass property depressive
  06/26/15
But why is two people any more of a bedrock, fundamental req...
swashbuckling pistol
  06/26/15
...
Brass property depressive
  06/26/15
You're flame, right?
Talented theater stage pisswyrm
  06/26/15
Progress! only fearmongering reptards keep bringing up sl...
Soul-stirring sienna roommate
  06/26/15
someone needs to build a series of giant billboards that can...
180 nubile set cuck
  06/26/15
...
Soul-stirring sienna roommate
  06/26/15
Literally every Kennedy opinion leading to this one had simi...
frozen senate
  06/26/15
I bet he smiled when he wrote that
Soul-stirring sienna roommate
  06/26/15
kennedy also said in lawrence that lawrence would have absol...
Dun Market
  06/27/15
bc there aren't 5 people who say it extends to polygamy duh
carmine step-uncle's house
  06/26/15
Well polygamy is certainly traditional so why would the diss...
doobsian startling sanctuary
  06/26/15
How dare we try to impose our culture on other people? musli...
Soul-stirring sienna roommate
  06/26/15
#legalizelove
Brass property depressive
  06/26/15
how could you be against love?
Soul-stirring sienna roommate
  06/26/15
Well that's definitely a problem for the traditional marriag...
doobsian startling sanctuary
  06/26/15
No society has ever EVER changed its definition of marriage!...
doobsian startling sanctuary
  06/26/15
...
Lake Dog Poop Stage
  06/26/15
non-lawyer bro here, reading the decision now. how would the...
Salmon Unhinged Native Degenerate
  06/26/15
Roberts explains that in his dissent
Odious bronze church building
  06/26/15
got there, ty brother.
Salmon Unhinged Native Degenerate
  06/26/15
I think Roberts was open to that argument. But the majority ...
frozen senate
  06/26/15
It would get RBR with bite, since there is evidence of animu...
Walnut international law enforcement agency trust fund
  06/26/15
oh shut the FUCK up you shitlib fuccking fagogt
Dun Market
  06/27/15
Still waiting for an answer. It seems lib logic inexorably p...
Brass property depressive
  06/26/15
...
Brass property depressive
  06/26/15
there is no logic here. just legislating from the bench and...
stirring mildly autistic macaca field
  06/26/15
THIPPERY THLOPE IS A LOGICAL FALLACY he lisped as he filed a...
cream bawdyhouse filthpig
  06/26/15
190
Adulterous nofapping dragon shrine
  06/26/15
...
Brass property depressive
  06/26/15
It fails on #4, specifically here: "There is no differe...
Honey-headed church masturbator
  06/26/15
We're in a pretty enlightened society now with lots of legal...
Brass property depressive
  06/26/15
Never one reported cases of polygamy being used for welfare ...
Soul-stirring sienna roommate
  06/26/15
yeah i actually agree with your argument, and you can see ab...
Honey-headed church masturbator
  06/26/15
I mean yeah, if we accept the Court's reasoning it seems we'...
Brass property depressive
  06/26/15
tv shows like big love and sisterwives are made by the jews ...
Honey-headed church masturbator
  06/26/15
in 10 years that comment will literally get you loaded onto ...
Deep lavender principal's office
  06/26/15
the subjugation of women was not a product of polygamy but w...
stirring mildly autistic macaca field
  06/26/15
Even Hilary fought for polygamous marriage as First Lady und...
stirring mildly autistic macaca field
  06/26/15
I see two. The first and major limiting principle is that p...
Walnut international law enforcement agency trust fund
  06/26/15
Good thing gays were never a weird minority!
disgusting dilemma community account
  06/26/15
...
Brass property depressive
  06/26/15
Rights are still rights, even if they apply only to a small ...
Brass property depressive
  06/26/15
Those are all good points to be vigorously discussed in 1L c...
Walnut international law enforcement agency trust fund
  06/26/15
To be fair, So you believe that the legally dispositive a...
spruce circlehead
  06/26/15
...
Brass property depressive
  06/26/15
Yes. I mean in a sense the majority is practicing originali...
Walnut international law enforcement agency trust fund
  06/26/15
see you in 2025 with my harem of wives
Brass property depressive
  06/26/15
Society has changed and people have changed is a "legal...
Walnut international law enforcement agency trust fund
  06/26/15
To be fair, Sorry, I try not to converse with people who ...
spruce circlehead
  06/26/15
I was thinking it, you said it
Soul-stirring sienna roommate
  06/26/15
literally slit your own throat you simpleton fucktard. you c...
Dun Market
  06/27/15
it fucks kids up is why
violent deranged theatre toilet seat
  06/26/15
I remember when people said that about teh gays.
adventurous whorehouse prole
  06/26/15
if you dare suggest that now youre basically a confederate f...
Dun Market
  06/27/15
Remember when this was a law bort? D. Utah already gutted u...
adventurous whorehouse prole
  06/26/15
There should and will be a constitutional right to plural ma...
chocolate stimulating hissy fit rigpig
  06/26/15
This is how it would go. It would be under the guise of som...
Galvanic address
  06/26/15
It will depend on whether or not the undesirable effects cor...
Harsh location chad
  06/27/15
...
Contagious Sadistic Base Mad-dog Skullcap
  06/28/25


Poast new message in this thread



Reply Favorite

Date: June 26th, 2015 10:47 AM
Author: Brass property depressive

The more philosophical portion of the opinion runs from page 12 to page 18. It says, roughly, that there are four main reasons marriage is a fundamental right, and these apply equally to same-sex marriages. (from p.12: "The four principles and traditions to be discussed demonstrate that the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples.")

1. "A first premise of the Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy."

Everything discussed here seems to apply equally well to the "personal choice" to want to bond yourself intimately to multiple other people.

2. "A second principle in this Court’s jurisprudence is that the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals."

Finding a right to polygamy would support a multiple-person union unlike any other in its important to the committed individuals. They cite Griswold, which says, "Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social. Yet it is an association for as noble a purpose as any involved in our prior decisions." All this soaring language applies equally well to a group of people who want to unite as one unit.

3. “A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education.”

Also: “By giving recognition and legal struc- ture to their parents’ relationship, marriage allows chil- dren “to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.” “

I’m sure there are a lot of polygamous “families” (e.g. Mormons) who would absolutely love the Supreme court to give recognition and legal structure to their relationship so their kids could “understand the integrity and closeness of their own family.”

4. “Fourth and finally, this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of our social order.” The rationale here is worth quoting at length.

“There is no difference between same- and opposite-sex couples with respect to this principle. Yet by virtue of their exclusion from that institution, same-sex couples are denied the constellation of benefits that the States have linked to marriage. This harm results in more than just material burdens. Same-sex couples are consigned to an instability many opposite-sex couples would deem intoler- able in their own lives. As the State itself makes marriage all the more precious by the significance it attaches to it, exclusion from that status has the effect of teaching that gays and lesbians are unequal in important respects. It demeans gays and lesbians for the State to lock them out of a central institution of the Nation’s society. Same-sex couples, too, may aspire to the transcendent purposes of marriage and seek fulfillment in its highest meaning.”

Again, just replace “same-sex couples” with “polygamous families,” and you get the picture. We wouldn’t want to “demean” polygamous “families” by denying them the right to marry, would we? Why exclude them from “aspir[ing] to the transcendent purposes of marriage,” you hateful bigot?

Gonna need our house libs to explain this one.



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203576)



Reply Favorite

Date: June 26th, 2015 10:48 AM
Author: swashbuckling pistol

Date: June 25th, 2015 1:04 PM

Author: Gentleman Jim Corbett

This is the iron law of shitlibism that many still do not understand. Whether or not you agree with libs on any single issue, you need to remember that the rationale behind every lib victory will inevitably be expanded to new scenarios, even those which libs, in the course of working toward the preceding victory, assured the "moderates" were not a lib objective and would not be one in the future.

(http://www.autoadmit.com/thread.php?thread_id=2917905&forum_id=2#28197873)



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203579)



Reply Favorite

Date: June 26th, 2015 12:12 PM
Author: Adulterous nofapping dragon shrine



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204318)



Reply Favorite

Date: June 26th, 2015 10:48 AM
Author: underhanded hell internal respiration

it will. this is the start of a very dangerous path. Lest today brings a new country "The Federal Government of America"

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203583)



Reply Favorite

Date: June 26th, 2015 10:50 AM
Author: Talented theater stage pisswyrm

"The ancient origins of marriage confirm its centrality,

but it has not stood in isolation from developments in law

and society..." (page 6)

It's just a matter of time.



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203605)



Reply Favorite

Date: June 26th, 2015 10:52 AM
Author: Brass property depressive

Many ancient societies were polygamous.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203623)



Reply Favorite

Date: June 26th, 2015 10:54 AM
Author: Talented theater stage pisswyrm

All the better.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203647)



Reply Favorite

Date: June 26th, 2015 10:54 AM
Author: Electric Cumskin

Seriously. Gay marriage was never recognized in society until recent time. Polygamy goes back to the beginning.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203650)



Reply Favorite

Date: June 26th, 2015 11:17 AM
Author: doobsian startling sanctuary

Polygamy IS traditional marriage.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203878)



Reply Favorite

Date: June 26th, 2015 12:21 PM
Author: Confused Lime Hairy Legs

Exactly. All the more reason polygamy should be legal.

There is no historical or cultural precedent for fag marriage, however

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204373)



Reply Favorite

Date: June 26th, 2015 10:52 AM
Author: Soul-stirring sienna roommate

There is none, because there is no principle here, just arbitrary feelings. If SJW pick up the cause of polygamy, perhaps for Muslims or someone SJW appropriate, no reason it can't be legal - if 5 justices feel like it's fair.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203622)



Reply Favorite

Date: June 26th, 2015 11:00 AM
Author: Brass property depressive

2025: Constitutional right to polygamous marriage found in Muhammad vs. Florida. Kagan reads the majority opinion. Scalia reads his dissent from the bench, which consists in its entirety of, "I told you so, motherfuckers," before producing a Ragu jar from under his robes, smashing it on the floor of the Court, and walking out with his middle finger raised.

The four dissenting justices are arrested later that night for hate crimes. A visibly meth-addled Cory Booker appears on the White House steps, shirt ruffled and pants stained with a mysterious gooey substance, to announce the appointment of 4 critical race theorists to the Court.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203703)



Reply Favorite

Date: June 26th, 2015 11:02 AM
Author: Hyperventilating juggernaut shitlib

You think it will take until 2025? LOL at you.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203722)



Reply Favorite

Date: June 26th, 2015 11:07 AM
Author: Brass property depressive

The first state Supreme Court ruling on this was about a half-dozen years ago, right? Seems about the right timeline.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203760)



Reply Favorite

Date: June 26th, 2015 11:09 AM
Author: Hyperventilating juggernaut shitlib

The pace is accelerating.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203779)



Reply Favorite

Date: June 26th, 2015 11:11 AM
Author: swashbuckling pistol



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203804)



Reply Favorite

Date: June 26th, 2015 12:04 PM
Author: Honey-headed church masturbator

"Constitutional right to polygamous marriage found in Muhammad vs. Florida"

you missppelled "Thundercock v. Florida"

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204262)



Reply Favorite

Date: June 26th, 2015 12:11 PM
Author: Brass property depressive

short for Muhammad Thundercock Perez-Gallo

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204312)



Reply Favorite

Date: June 27th, 2015 12:29 AM
Author: Dun Market



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28209371)



Reply Favorite

Date: June 26th, 2015 10:04 PM
Author: Concupiscible cordovan knife halford

180

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208468)



Reply Favorite

Date: June 26th, 2015 10:22 PM
Author: aromatic drunken abode corn cake



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208546)



Reply Favorite

Date: June 26th, 2015 10:49 PM
Author: judgmental citrine old irish cottage

This is beyond 180. My wife stopped what she was doing to ask my why I was laughing so hard. This is scholarship of the first order.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208703)



Reply Favorite

Date: June 26th, 2015 10:54 AM
Author: painfully honest charismatic national security agency

SSM ban is not rationally related to an important government interest

Banning polygamy is, because we have a strong interest in protecting children and all too often women from these arrangements



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203655)



Reply Favorite

Date: June 26th, 2015 11:00 AM
Author: Brass property depressive

So the right to SSM is contingent on the empirical question of whether such arrangements harm children and the participants?

Further, if it was shown polygamous marriages were no more harmful than usual ones, would you support legalizing them?

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203708)



Reply Favorite

Date: June 26th, 2015 12:04 PM
Author: Honey-headed church masturbator

"Further, if it was shown polygamous marriages were no more harmful than usual ones, would you support legalizing them?"

dude honestly why the fuck are you such a buttfucking faggot to care about this, who gives a shit if polygamy is legal, i sure as hell don't

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204259)



Reply Favorite

Date: June 26th, 2015 12:06 PM
Author: Brass property depressive

"who gives a shit if polygamy is legal, i sure as hell don't"

"who gives a shit if polygamy is legal, i sure as hell don't"

"who gives a shit if polygamy is legal, i sure as hell don't"

Date: June 26th, 2015 12:04 PM

Author: ..,..,.,..:,,:,..,,:::,,..,:,.;.:..:.,:,::,

"Further, if it was shown polygamous marriages were no more harmful than usual ones, would you support legalizing them?"

dude honestly why the fuck are you such a buttfucking faggot to care about this, who gives a shit if polygamy is legal, i sure as hell don't

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2#28204259)

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204283)



Reply Favorite

Date: June 26th, 2015 12:09 PM
Author: Brass property depressive

WELCOME TO LIBTOPIA EVERYONE

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204298)



Reply Favorite

Date: June 26th, 2015 12:10 PM
Author: Honey-headed church masturbator

LOL I'm not a lib. I'm a Bible thumping conservative.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204302)



Reply Favorite

Date: June 26th, 2015 12:15 PM
Author: Adulterous nofapping dragon shrine

No wonder you support polygamy

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204338)



Reply Favorite

Date: June 26th, 2015 12:16 PM
Author: Honey-headed church masturbator

I ASSUMED HE WAS ON ONE SIDE OF THE POLITICAL AISLE AND HE SAID HE'S ON THE OTHER, WELL NOW IT'S OBVIOUS THAT IS THE CASE!!!1!!1!ONE

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204348)



Reply Favorite

Date: June 26th, 2015 12:09 PM
Author: Honey-headed church masturbator

i don't - it's historical, it's well-supported by all major religions, it's supported by the genetic record of humanity, polygamy is more responsible for the success of humanity than monogamy is



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204299)



Reply Favorite

Date: June 26th, 2015 12:10 PM
Author: Brass property depressive

Thank you for going on record to confirm what we all suspected.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204306)



Reply Favorite

Date: June 26th, 2015 12:11 PM
Author: Honey-headed church masturbator

that the most sexually and religiously conservative poaster on xo has no problem with polygamous marriage?

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204313)



Reply Favorite

Date: June 26th, 2015 12:16 PM
Author: Brass property depressive

Interesting.

It seems most mainstream liberals support SSM for the reasons outlined by the court, oppose polygamy, and can't articulate a principled reason for the difference.

I suppose one way around that is to just bite the bullet on polygamy. It seems to conflict with some deeply held moral intuitions about the proper social order, but then again, so did gay marriage.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204344)



Reply Favorite

Date: June 26th, 2015 12:16 PM
Author: Adulterous nofapping dragon shrine

TBF he's pretty accurate

Also, we're all products of rape, so maybe the court will legalize that too.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204346)



Reply Favorite

Date: June 26th, 2015 11:12 AM
Author: Soul-stirring sienna roommate

"We have a strong interest" means whatever SJW & libs say it means. Today it probably doesn't mean polygamy, but Progress! We are in agreement with what this decision means.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203817)



Reply Favorite

Date: June 26th, 2015 11:14 AM
Author: swashbuckling pistol



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203835)



Reply Favorite

Date: June 27th, 2015 12:30 AM
Author: Dun Market



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28209378)



Reply Favorite

Date: June 26th, 2015 11:59 AM
Author: Nudist brunch

we have an interest in protecting children from fag marriage.

http://www.dailymail.co.uk/news/article-2355194/U-S-Australian-citizen-sentenced-40-years-buying-boy-sole-purpose-exploitation.html

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204227)



Reply Favorite

Date: June 26th, 2015 12:17 PM
Author: stirring mildly autistic macaca field

if you truly believe this and aren't just playing devil's advocate then low IQ.

there is plenty of empirical evidence showing ssm parents, or the lack of both mother and father influence can dramatically impact a child's development. whether that impact is for better or worse is up for debate. but you haven't convinced me that polygamous households are worse for children. old time mormon and amish communities seem just as stable or moreso than our industrial society and its consequences.



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204349)



Reply Favorite

Date: June 26th, 2015 10:55 AM
Author: 180 nubile set cuck

Kennedy opinion repeatedly and consistently states that marriage is between "two" people

only fearmongering reptards keep bringing up slippery slope polygamy arguments in a desperate attempt for attention. even Roberts says it, which is disappointing.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203664)



Reply Favorite

Date: June 26th, 2015 11:01 AM
Author: Brass property depressive

You're ignoring the OP. What principled reason do we have to exclude polygamous lovers from the institution of marriage? All the reasons he gave apply with equal force.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203718)



Reply Favorite

Date: June 26th, 2015 11:02 AM
Author: swashbuckling pistol

But why is two people any more of a bedrock, fundamental requirement than man and woman? As pointed out above, polygamy has a much greater historical basis than SSM.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203723)



Reply Favorite

Date: June 26th, 2015 11:03 AM
Author: Brass property depressive



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203733)



Reply Favorite

Date: June 26th, 2015 11:03 AM
Author: Talented theater stage pisswyrm

You're flame, right?



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203735)



Reply Favorite

Date: June 26th, 2015 11:14 AM
Author: Soul-stirring sienna roommate

Progress!

only fearmongering reptards keep bringing up slippery slope like how for years they kept talking about a road to constitutionally protected gay marriage. How stupid, amirite

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203834)



Reply Favorite

Date: June 26th, 2015 11:16 AM
Author: 180 nubile set cuck

someone needs to build a series of giant billboards that can be seen from space about twenty yards north of the Mason Dixon line that say "YOU LOST" and point to them again and again and again every time a white guy wearing Croakies cries about his persecution

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203867)



Reply Favorite

Date: June 26th, 2015 11:21 AM
Author: Soul-stirring sienna roommate



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203926)



Reply Favorite

Date: June 26th, 2015 11:53 AM
Author: frozen senate

Literally every Kennedy opinion leading to this one had similar qualifying language to the effect of "this doesn't mean there's a right to gay marriage!"

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204201)



Reply Favorite

Date: June 26th, 2015 12:01 PM
Author: Soul-stirring sienna roommate

I bet he smiled when he wrote that

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204239)



Reply Favorite

Date: June 27th, 2015 12:30 AM
Author: Dun Market

kennedy also said in lawrence that lawrence would have absolutely no effect on domestic relations laws. FAGGGOT.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28209382)



Reply Favorite

Date: June 26th, 2015 11:01 AM
Author: carmine step-uncle's house

bc there aren't 5 people who say it extends to polygamy duh

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203710)



Reply Favorite

Date: June 26th, 2015 11:10 AM
Author: doobsian startling sanctuary

Well polygamy is certainly traditional so why would the dissenters oppose legalizing it?

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203796)



Reply Favorite

Date: June 26th, 2015 11:15 AM
Author: Soul-stirring sienna roommate

How dare we try to impose our culture on other people? muslimmarriagematters.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203842)



Reply Favorite

Date: June 26th, 2015 11:15 AM
Author: Brass property depressive

#legalizelove

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203862)



Reply Favorite

Date: June 26th, 2015 11:16 AM
Author: Soul-stirring sienna roommate

how could you be against love?

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203870)



Reply Favorite

Date: June 26th, 2015 11:18 AM
Author: doobsian startling sanctuary

Well that's definitely a problem for the traditional marriage folks. Have fun with that.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203886)



Reply Favorite

Date: June 26th, 2015 11:16 AM
Author: doobsian startling sanctuary

No society has ever EVER changed its definition of marriage! (Has never heard of The Church of Jesus Christ of Latter-Day Saints)

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203865)



Reply Favorite

Date: June 26th, 2015 12:06 PM
Author: Lake Dog Poop Stage



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204277)



Reply Favorite

Date: June 26th, 2015 11:19 AM
Author: Salmon Unhinged Native Degenerate

non-lawyer bro here, reading the decision now. how would the dissenters distinguish the loving/interracial marriage case? or would they say that case was wrongly decided?

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203904)



Reply Favorite

Date: June 26th, 2015 11:39 AM
Author: Odious bronze church building

Roberts explains that in his dissent

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204112)



Reply Favorite

Date: June 26th, 2015 12:12 PM
Author: Salmon Unhinged Native Degenerate

got there, ty brother.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204320)



Reply Favorite

Date: June 26th, 2015 11:51 AM
Author: frozen senate

I think Roberts was open to that argument. But the majority basically just said "yeah, EPC supports us too." Roberts called them out for not applying any kind of analysis or scrutiny. He made some comments at oral argument that suggested he was open to the idea. Honestly, I was expecting that he would write a concurrence finding the states laws were gender discrimination violating the EPC.

The dissenters would say that Loving was about race discrimination, which gets strict scrutiny. The EPC argument here is gender discrimination, which only gets intermediate scrutiny. They could also say that this is discrimination based on sexual orientation, which only gets rational basis review.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204186)



Reply Favorite

Date: June 26th, 2015 1:15 PM
Author: Walnut international law enforcement agency trust fund

It would get RBR with bite, since there is evidence of animus.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204693)



Reply Favorite

Date: June 27th, 2015 12:32 AM
Author: Dun Market

oh shut the FUCK up you shitlib fuccking fagogt

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28209385)



Reply Favorite

Date: June 26th, 2015 11:28 AM
Author: Brass property depressive

Still waiting for an answer. It seems lib logic inexorably pushes us toward legalizing polygamy.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28203998)



Reply Favorite

Date: June 26th, 2015 11:48 AM
Author: Brass property depressive



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204171)



Reply Favorite

Date: June 26th, 2015 12:33 PM
Author: stirring mildly autistic macaca field

there is no logic here. just legislating from the bench and appeasing the libtards.

it's a shame that our legal system can be so liberal on pointless issues like ssm and so corporate-reptilian on economic/corruption issues.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204457)



Reply Favorite

Date: June 26th, 2015 11:30 AM
Author: cream bawdyhouse filthpig

THIPPERY THLOPE IS A LOGICAL FALLACY he lisped as he filed a lawsuit arguing gay pedophilia is a civil right

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204018)



Reply Favorite

Date: June 26th, 2015 12:30 PM
Author: Adulterous nofapping dragon shrine

190

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204436)



Reply Favorite

Date: June 26th, 2015 11:39 AM
Author: Brass property depressive



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204110)



Reply Favorite

Date: June 26th, 2015 12:03 PM
Author: Honey-headed church masturbator

It fails on #4, specifically here: "There is no difference between same- and opposite-sex couples with respect to [the] principle [that marriage is a keystone of our social order]."

Two seconds of review of history reveals that polygamy subverts our social order in many ways, chiefly of which is that it is strongly correlated with welfare fraud and the intense subjugation of women

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204253)



Reply Favorite

Date: June 26th, 2015 12:09 PM
Author: Brass property depressive

We're in a pretty enlightened society now with lots of legal protections for women, etc. It seems plausible there would be little if any utilitarian harm from legalizing polygamy. If this is the case, should we legalize it?

Seems stupid to deny someone their love based on speculative claims about possible welfare fraud.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204296)



Reply Favorite

Date: June 26th, 2015 12:10 PM
Author: Soul-stirring sienna roommate

Never one reported cases of polygamy being used for welfare fraud! Also, welfare fraud is code for anti-black, you bigot racists.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204305)



Reply Favorite

Date: June 26th, 2015 12:12 PM
Author: Honey-headed church masturbator

yeah i actually agree with your argument, and you can see above in another subthread that i don't actually oppose polygamy, and my position is formed on the basis of a plaintext reading of the Bible and the genetic record of humanity (sexual dimorphism in size like we see in humans is strongly correlated with a history of polygamy - although technically in this case polygyny)

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204322)



Reply Favorite

Date: June 26th, 2015 12:13 PM
Author: Brass property depressive

I mean yeah, if we accept the Court's reasoning it seems we're also bound to accept that polygamy should be legalized.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204331)



Reply Favorite

Date: June 26th, 2015 12:15 PM
Author: Honey-headed church masturbator

tv shows like big love and sisterwives are made by the jews to normalize polygamy in advance of the SCOTUS cases to come in a decade or so

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204341)



Reply Favorite

Date: June 26th, 2015 12:13 PM
Author: Deep lavender principal's office

in 10 years that comment will literally get you loaded onto a train as a bigoted monster

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204324)



Reply Favorite

Date: June 26th, 2015 12:40 PM
Author: stirring mildly autistic macaca field

the subjugation of women was not a product of polygamy but women's relative bargaining power in the marriage contract. historically, women did not work and thus were entirely dependent on men for their financial well-being. the same can't be said now though.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204504)



Reply Favorite

Date: June 26th, 2015 12:29 PM
Author: stirring mildly autistic macaca field

Even Hilary fought for polygamous marriage as First Lady under her "It Takes a Village" campaign.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204429)



Reply Favorite

Date: June 26th, 2015 1:13 PM
Author: Walnut international law enforcement agency trust fund

I see two. The first and major limiting principle is that polygamy is still weird and extremely minority in the United States. If that ever changed then the principle could be extended.

Second, the statutory scheme surrounding marriage is wholly predicated on two people. So the statutory scheme (SSA, estates, etc.) would have to change also, otherwise SCOTUS would have to throw the whole thing out.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204684)



Reply Favorite

Date: June 26th, 2015 1:16 PM
Author: disgusting dilemma community account

Good thing gays were never a weird minority!

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204700)



Reply Favorite

Date: June 26th, 2015 1:17 PM
Author: Brass property depressive



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204703)



Reply Favorite

Date: June 26th, 2015 1:16 PM
Author: Brass property depressive

Rights are still rights, even if they apply only to a small minority.

And "ugh we would have to change some laws" is also not a good reason to deny people rights.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204701)



Reply Favorite

Date: June 26th, 2015 1:19 PM
Author: Walnut international law enforcement agency trust fund

Those are all good points to be vigorously discussed in 1L con law. This case will be in textbooks fast because I think the inability to limit the civil right is a flaw in the decision. It doesn't apply to polygamy because it doesn't. But if 30+ states decided to introduce legal polygamous marriage then this decision would not stand for the proposition that polgamy is not a civil right.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204723)



Reply Favorite

Date: June 26th, 2015 1:18 PM
Author: spruce circlehead

To be fair,

So you believe that the legally dispositive arguments for whether polygamy is a fundamental *constitutional* right will boil down to (1) the fact that it's not widely popular, and (2) the fact that it would be a pain in the ass to change the wording in a bunch of statutes?

Let me stop you right there, hoss.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204709)



Reply Favorite

Date: June 26th, 2015 1:19 PM
Author: Brass property depressive



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204724)



Reply Favorite

Date: June 26th, 2015 1:20 PM
Author: Walnut international law enforcement agency trust fund

Yes. I mean in a sense the majority is practicing originalism using 2015 as a baseline.

The shorter answer to OP's question is that there is no legal principle, only practical ones.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204728)



Reply Favorite

Date: June 26th, 2015 1:23 PM
Author: Brass property depressive

see you in 2025 with my harem of wives

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204749)



Reply Favorite

Date: June 26th, 2015 1:28 PM
Author: Walnut international law enforcement agency trust fund

Society has changed and people have changed is a "legal principle" if you subscribe to the living document theory. You can also use countermajoritarianism as a legal principle here.

I think the conservative position asks for far more judicial firepower than the constitution has ever provided any justice on questions like this.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204790)



Reply Favorite

Date: June 26th, 2015 1:31 PM
Author: spruce circlehead

To be fair,

Sorry, I try not to converse with people who genuinely subscribe to the "living document theory." And by "people," of course I mean "disingenuous activist 110-IQ shitlibs."

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28204818)



Reply Favorite

Date: June 26th, 2015 4:00 PM
Author: Soul-stirring sienna roommate

I was thinking it, you said it

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28206268)



Reply Favorite

Date: June 27th, 2015 12:33 AM
Author: Dun Market

literally slit your own throat you simpleton fucktard. you can read all the dahlia lithwick columns in the world and you still wont have a fucking clue

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28209391)



Reply Favorite

Date: June 26th, 2015 10:06 PM
Author: violent deranged theatre toilet seat

it fucks kids up is why

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208480)



Reply Favorite

Date: June 26th, 2015 10:18 PM
Author: adventurous whorehouse prole

I remember when people said that about teh gays.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208530)



Reply Favorite

Date: June 27th, 2015 12:32 AM
Author: Dun Market

if you dare suggest that now youre basically a confederate flag manufacturer

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28209388)



Reply Favorite

Date: June 26th, 2015 10:18 PM
Author: adventurous whorehouse prole

Remember when this was a law bort? D. Utah already gutted utah's polygamy laws under Windsor. It's on appeal now.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208529)



Reply Favorite

Date: June 26th, 2015 10:25 PM
Author: chocolate stimulating hissy fit rigpig

There should and will be a constitutional right to plural marriage.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208559)



Reply Favorite

Date: June 26th, 2015 11:10 PM
Author: Galvanic address

This is how it would go. It would be under the guise of some polyamorous bs like Ali wanting to be with Mike, but also recognize her relationship with Darnell, her children's father.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28208842)



Reply Favorite

Date: June 27th, 2015 12:40 AM
Author: Harsh location chad

It will depend on whether or not the undesirable effects corresponding to polygamy, intra-familial marriages, etc. constitute a compelling state interest. Is the fraud associated with polygamy a compelling state interest? It's definitely a rational basis to exclude polygamy from the definition of marriage, but this case wasn't decided on equal protection grounds (as it should have been). So, at the end of the day, we're back to what 5 Justices think constitutes a compelling state interest.

(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#28209427)



Reply Favorite

Date: June 28th, 2025 1:21 PM
Author: Contagious Sadistic Base Mad-dog Skullcap



(http://www.autoadmit.com/thread.php?thread_id=2919723&forum_id=2)#49056294)