DGS49
Diamond Member
As noted by the great philosopher and Republican, Rick Santorum, the "Constitutional" justification for gay marriage would apply equally to incest between consenting adults, polygamy, polygyny, and...bestiality. In sum, How can Government regulate whom you love and how?
Also consider that contemporary marriage law really doesn't address matters of sexual congress AT ALL. It is perfectly legal and acceptable to have a sex-less marriage, and in fact that is the norm among older lesbian couples.
The essence of the question NOW is, what legal rights accrue to spouses, and does the extension of those rights to non-traditional parties do any harm?
I can think of only one scenario where it might become an issue. Let's say a kindly person works for a company that provides "free" health insurance for its employees and their families. So he "marries" a dozen single mothers in the neighborhood, thereby making all of them and their children part of his "family," for whom the company must provide health insurance. And of course, he might be a fine Christian gentleman who does not exploit any of them sexually, enjoying the favors of only the wife whom he married "in Church." Is that a problem?
From a legal and Constitutional standpoint, polygamy might be legal in some States already, depending on how they dealt with the recent USSC decisions in their own revised statutes. Clearly, a "test case" is required. The current Supreme Court might surprise "us" if that case shows up. But regardless, if even ONE STATE legalizes polygamy (e.g., Utah), then all the other States would be required, under "full faith and credit" to recognize those marriages and treat the parties as legally married. (See Article IV, Section 1).
Also consider that contemporary marriage law really doesn't address matters of sexual congress AT ALL. It is perfectly legal and acceptable to have a sex-less marriage, and in fact that is the norm among older lesbian couples.
The essence of the question NOW is, what legal rights accrue to spouses, and does the extension of those rights to non-traditional parties do any harm?
I can think of only one scenario where it might become an issue. Let's say a kindly person works for a company that provides "free" health insurance for its employees and their families. So he "marries" a dozen single mothers in the neighborhood, thereby making all of them and their children part of his "family," for whom the company must provide health insurance. And of course, he might be a fine Christian gentleman who does not exploit any of them sexually, enjoying the favors of only the wife whom he married "in Church." Is that a problem?
From a legal and Constitutional standpoint, polygamy might be legal in some States already, depending on how they dealt with the recent USSC decisions in their own revised statutes. Clearly, a "test case" is required. The current Supreme Court might surprise "us" if that case shows up. But regardless, if even ONE STATE legalizes polygamy (e.g., Utah), then all the other States would be required, under "full faith and credit" to recognize those marriages and treat the parties as legally married. (See Article IV, Section 1).