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Marriage Equality: Federal Judge Strikes Down Polygamy Ban Based on Gay Rights

Posted By Daniel Greenfield On December 15, 2013 @ 3:22 pm In The Point | 43 Comments

And yes. Turning gay marriage into a thing paves the way for legalizing polygamy. As everyone with a brain predicted. Polygamy, unlike gay marriage, was actually a thing. It has thousands of years of history behind it. So this was bound to happen.

If we’re not going to have any standards for marriage except “People in a relationship of some kind” then there’s no reason not to recognize polygamy. Or any of the crazier stuff coming down the pike. And that was why the left pushed the gay marriage scam to begin with.

The legalization of polygamy followed logically from the legal arguments against one man-one woman, as was predicted not just by me, but also by Professor Martha Nussbaum, one of the leading legal advocates for gay marriage, “Polygamy would have to be permitted.”

A U.S. District Court judge has sided with the polgyamous Brown family, ruling that key parts of Utah’s polygamy laws are unconstitutional.

Judge Clark Waddoups’ 91-page ruling, issued Friday, sets a new legal precedent in Utah, effectively decriminalizing polygamy.

And the argument for striking down a polygamy ban? Modernity. Of course. We’re all so modern now that we know marriage is no longer between a man and a woman. It can be between anything and anything. A man and a man. A man and three women. A man and a tree.

“To state the obvious,” Judge Waddoups wrote, “the intervening years have witnessed a significant strengthening of numerous provisions of the Bill of Rights.” They include, he wrote, enhancements of the right to privacy and a shift in the Supreme Court’s posture “that is less inclined to allow majoritarian coercion of unpopular or disliked minority groups,” especially when “religious prejudice,” racism or “some other constitutionally suspect motivation can be discovered behind such legislation.”

The judge cited the decision in Lawrence v. Texas, the 2003 Supreme Court case that struck down laws prohibiting sodomy. He quoted the majority opinion by Justice Anthony M. Kennedy that stated the Constitution protects people from “unwarranted government intrusions into a dwelling or other private places” and “an autonomy of self that includes freedom of thought, belief, expression and certain intimate conduct.”

As same-sex marriage has gained popular approval and legal status in recent years, some have hoped — and some feared — that other forms of cohabitation might follow. Justice Antonin Scalia, in his bitter and famous dissent from the 2003 Lawrence case, said the nation was on the verge of the end of legislation based on morality, and was opening the door to legalizing “bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality and obscenity.”

And that’s obviously not going to happen. Just because we’ve legalized polygamy and gay marriage, does not mean that we are in any way going to legalize bestiality.

We absolutely draw the line there. At least until bestiality advocates get a few sitcoms to celebrate their special love, then Hollywood celebs announce they won’t get marriage until people and sheep can get married and then finally a few Federal judges give in.

Jonathan Turley, a law professor at George Washington University who represented the Browns in this case, disagreed with Justice Scalia’s reasoning and said in an exchange of emails that the case “is about privacy rather than polygamy.” He added, “Homosexuals and polygamists do have a common interest: the right to be left alone as consenting adults. There is no spectrum of private consensual relations — there is just a right of privacy that protects all people so long as they do not harm others.”

Except photographers and cakemakers who don’t want to participate in gay weddings. They can be sent to jail for a year. Because this is all about privacy and leaving people alone.

America. It was nice while it lasted.


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