Tennyson
Senior Member
- Mar 19, 2015
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Turley won using Obergefell.So polygamy is bad and illegal because we don't know how to dissolve it if one of the married people wants a divorce?
Polygamy has a rational basis for denial: its complete incompatibility with our existing caselaw regarding marriage.
What is the rational reason for the gender based discrimination in marriage? As same sex couples use marriage law the exact same way that opposite sex couples do.
You've never once been able to answer that question.
I've conceded....for the third time. What case law was there for same sex that doesn't apply to polygamy?
The Oberfegell ruling, for one. There's no mention of polygamy anywhere in it. Nor has there been the slightest application of the Obergefell ruling in defense of polygamy by any court, anywhere.
Jonathan Turley used the Oberfegell ruling for a defense of polygamy in Utah.
Turley isn't the courts. He's a defense attorney. And anyone can argue anything they'd like. Whether or not the court finds their arguments compelling is a completely different story.
The court never cited any applicability of Obergefell in the Brown case. Nor did the court overturn polygamy law. Merely laws recognizing cohabitation *as* polygamy. Bigamy (which is what polygamy legally is) is still quite illegal. With the court explicitly holding such when they ruled.