Pop23
Gold Member
It could be. We could, state by state, create a patchwork of brand new precedent to answer questions that are unique to polygamy. It would take decades, but its totally possible. However, the incompatibility with our marriage laws would be a logical reason to not recognize plural marriages if we chose to.
Where with same sex marriage, no such imcompatibility exists. Nor has existed since 2 person marriage was recognized as a joining of equals. The moment men and women were recognized as equals in a marriage.....same sex marriage was inevitable. As all the same rules apply.
Here is from PA just to pick a state that is kinda red/and blue
Marriage License in Pennsylvania
The Marriage License Bureau is part of the Clerk of the Orhpans' Court and Register of Wills. The following are the legal requirements for obtaining a marriage license in the Commonwealth of Pennsylvania.
When to apply:
Where to apply:
- Minimum of three business days and/or up to a maximum of60 days prior to the marriage ceremony.
- There is a three (business) day waiting period for issuance of the actual license.
What is required:
- Office of the Clerk of Orphans' Court of any County of Pennsylvania.
- Both applicants must be present to apply.
- Applicants must be 18 years of age in order to apply for a marriage license. This rule applies to both male and female applicants. Applicants between 16-18 years of age must be accompanied by a parent or legal guardian to provide written consent to the marriage. Applicants under 16 years of age must have both the written approval of a judge of theOrphans' Court Division of the Common Pleas AND a parent or legal guardian given written consent.
- Social Security Numbers are REQUIRED at the time of application.
- Drivers license or Photo ID for applicants
- Visas are required for citizens of another country
it would seem that there is no direct prohibition against polygamy except where it says "both." Interestingly enough if that were to be the argument then where it says the rule applies to male and female applicant that would seem to indicate a ban on gay marriage. So no there is no ban that would stand the SCOTUS standard concerning polygamy.
Pennsylvania it is. So riddle me this: there's a 3 person marriage. One person wants out. Does that mean that the marriage of all 3 is dissolved? Or just the party leaving?
Using Pennsylvania marriage law, answer that question.
You'll find you can't. As Pennsylvania marriage law has no instance in their marriage law where one member of a marriage is divorced while the other is still married. And thus no answers to questions that arise under such a situation
Simple, same as is done today, all parties agree, which in this case would be 2 as one against one. Or the courts would decide as is done when any divorce is contested.
PA law, as shown, has no provisions for same sex marriage yet here we are.
There is no requirement under PA law that applicants must be one man and one woman, just the sentence that the rules are the same for both male and female applicants.
Of course sometimes things are written when the impossibility of marriage ever being considered anything other then between a man and woman is ever considered. The law doesn't say it is illegal for a shoe to marry a toaster because that is not going to happen. But here we are in a brave new world where traditions mean nothing. Long standing definitions are changed in a blink of an eye.
But the point is, that the law never consider marriage anything but between a man and woman, it didn't need said. You know the "intent" like the SCOTUS quoted for their usurp of power concerning ACA. So now, if all of a sudden were are going to take laws by the letter of the law and say it does not ban gay marriage, although it does say man and woman, then the precise reading indicates that there is no prohibition from anyone getting married or anyone and maybe anything.
You are correct and the reason that the institution was limited to two.
One of each gender. That is the only way to ever create a third (the child)
Now the number means zip