Silhouette
Gold Member
- Jul 15, 2013
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- #221
Why don't you start a thread about religious freedom and the Browns' lawsuit? This thread is about sexual orientation's freedom and the Browns' lawsuit
The Browns' are not claiming polygamy is a sexual orientation. Their case is built on the claims that their religious freedoms and their right to privacy are being violated.
There is nothing precluding them from adding sexual orientation to their pleadings. Pleadings are as open as the seven seas. Look at how they can make the connection.
1. Yes, their initial claims were based on religious freedoms. Their religious freedoms talk about their ability to express their sexual orientation with the blessings of God (in this particular polyamorist-orientation case, but not all of them).
2. Yes, their initial claims were based on rights to privacy. Their rights to privacy merely augment how gays said the government(s) should not be able to punish them for what they do in their bedrooms. Sexual orientations between consenting adults belong in private, right? Isn't that what Lawrence v Texas was all about? Do you think sodomy is some special exception or just part of a broader spectrum of this right to privacy between consenting adults? We both know the answer to that. And so does Jonathan Turley.
Bottom line is, sexual orientation is an intrinsic part of BOTH their pleadings for religious freedoms and rights to privacy. In fact, without that key component mentioned and argued, the other two would be washed-out and vaporous at best...longshots both of them. The sexual orientation factor ADDED TO their other points is what will make the case for them.
Let me know when the Brown family actually uses your blathering legal nonsense in their pleadings. As it stands now they are using the right to privacy and their religious freedoms to make their case. You can pretend they are suing under the guise that polygamy is a sexual orientation until the cows come home, but it still doesn't change the claims that they are actually making.
By the way, anti-polygamy cohabitation laws were struck down in Utah as a result of the Brown family. The law described polygamy as them even living together in the same house. That was found to be unconstitutional.
Using sexual orientation to win a case from a recent precedent citing sexual orientation's "intrinsic rights' is not "blathering legal nonsense". Are you saying that citing legal precedent is "blathering legal nonsense"? Because then all arguments are "blathering legal nonsense" by your definition.
Yes, "as it stands now" they are merely citing religious freedom and rights to privacy. I'd hope they'd be inspired to add sexual orientation to those two by September 10th... providing they want to win...And you DO realize if they can show the Court theirs is a sexual orientation, they're already covered under Obergefell...right? No? Why not?