Quote:
Originally posted by Mmmm, Burger (C.J.)
Yes, many times, but you've yet to support it. I know you don't buy the equal protection argument I described. But let's say that argument is right, as at least the Mass SJC has acknowledge. How does that argument then also support the elimination of numerical barriers on the participation ina single marriage?
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I have supported it many times. You just don't address my reasons and then say I never gave you any reasons when I did.
Just take the Mass Supreme Court opinion and substitute polygamy for gay marriage and polygamist for homosexual and read it. There is no legitimate state interest in stopping polygamy if it is a consensual union between adults.
The arguments against polygamy are that young teenagers are forced into it. But if it is a consensual union between adults, that argument fails. The solution to stopping old men from marrying young teenagers is to raise the age of consent and enforce it.
But banning polygamy doesn't stop old men from marrying young teenagers and an old man in a monogamous relationship can try to force a young woman into a monogamous marriage the same as a polygamist can. Banning polygamy isn't the solution to preventing women from being forced into a union with a man. That can be done whether or not polygamy is legal as it is done in Utah. The solution there is to enforce laws that prevent someone being forced into a union and held against their will.
