Quote:
Originally posted by Not Me
Gender is an intermediate scrutiny class whereas religion is a strict scrutiny class. Polygamy is a religious practice to those who engage in it. So bringing up the suspect classes argument only strengthens the case for allowing polygamy.
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If this were true, the authorities could not arrest Native Americans for using peyote as part of religious ceremonies because it would be discrimination against their religion. (An even stronger case than yours, since the peyote is used in ceremonies, while no one can think a man is obliged to have several wives -- the math doesn't work.) The Supreme Court has held otherwise. And if you think about it for half a second, it will occur to you that marriage statutes refer explicitly to gender, but do not refer explicitly to religion -- only to something that may be an indicia of religion.
