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Originally posted by Not Me
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.
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Consider BRC's
post. The government could rationally conclude that it does not make good public policy to have 100 women to 5 men, and 95 bachelors, as opposed to having 100 married couples. This decision could be made for reasons that have nothing to do with anyone's religious views, just as peyote can be outlawed for reasons that have nothing to do with anyone's religious views.
Because marriage status do not expressly discriminate on the basis of religion, strict scrutiny does not apply. Imagining government justifications that would pass rational-basis review is laughably easy here. If you don't believe me, try to find cases where legislation fails rational-basis review.
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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.
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As a question of rational-basis review, what you say is irrelevant. If the legislature decides that polygamy should be outlawed because, empirically, young teenagers are likely to be forced into, that will be enough. Under rational-basis review, the state is not obliged to find a better-tailored solution to a problem.
