kaz
Diamond Member
- Dec 1, 2010
- 78,025
- 22,327
The difference between a marriage of a man and woman and a man and 2 women (or 3 or 4 or 10 or 100) is greater than the difference between the marriage of a man and a woman and a man and a man or a woman and a woman.
The government's obligation is to give equal treatment when the circumstances are similar. It's at least arguable that polygamy is not sufficiently similar to monogamy to require equal treatment.
It is different, somehow, and that proves the government has to step in.
Great argument.
Civil marriage is a function of the law, so of course the government has to 'step in'.
Do you want to argue that equal treatment under the law does not require the circumstances to be similar?
Go ahead.
And you don't trust the public to elect officials to create law, but you do trust that giving 5/9 dictatorial powers over a free country will lead to greater morality.
Or more directly, equal treatment requires identical circumstances. Giving judges the power to decide what's "similar" is giving them absolute power.