Next Frontier in Marriage--Polygamy?
he radical decision by the U.S. Supreme Court to redefine marriage to include same-sex unions may pave the way for the legalization of polygamy in the United States.
So says none other than the High Court's presiding officer, Chief Justice John Roberts.
Justice Anthony Kennedy predicated his brazen ruling on the bizarre legal theory that individuals have the constitutional right to "define and express their identity."
This novel and nebulous legal concept is consistent with relativistic philosophical pronouncements Kennedy has made in previous decisions.
In 1992, Kennedy authored a majority opinion in the
Planned Parenthood v. Casey case reaffirming abortion on demand. In that ruling, Kennedy enunciated an individual's liberty interest to "define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."
Many conservative legal scholars have concluded that the same legal rationale that supports so-called same-sex "marriage" can also be used to justify polygamous unions.
In his dissent in the recent marriage ruling, Justice Roberts stated that "one immediate question invited by the majority's position is whether States may retain the definition of marriage as a union of two people."
"From the standpoint of history and tradition, a leap from opposite-sex marriage to same-sex marriage is much greater than one from a two-person union to plural unions, which have deep roots in some cultures around the world," Roberts wrote.
Roberts then alluded to quotes in Kennedy's opinion with a series of questions. "If there is dignity in the bond between two men or two women who seek to marry and in their autonomy to make such profound choices, why would there be any less dignity between three people...in exercising their autonomy?..."
"If a same-sex couple has the constitutional right to marry because their children would otherwise suffer the stigma of knowing their families are somehow lesser, why wouldn't the same reasoning apply to a family of three or more persons raising children?"
"If not having the opportunity to marry serves to disrespect and subordinate gay and lesbian couples, why wouldn't the same imposition of this 'disability' serve to disrespect and subordinate people who find fulfillment in polyamorous relationships?"
Not surprisingly, within 48 hours of the Supreme Court decision, the liberal news website
Politico headlined an article entitled "It's Time to Legalize Polygamy."
The author Frederick Deboer wrote: "Now that we've defined that love and devotion and family isn't driven by gender alone, why should it be limited to just two individuals?"
"Polyamory is a fact," DeBoer added. "People are living in group relationships today. The question is whether we will grant to them the same basic recognition we grant to other adults: that love makes marriage, and that the right to marry is exactly that--a right."
Litigation seeking legal recognition of polygamous unions is already on its way. Within hours of the Supreme Court decision, a Montana man filed an application in Billings seeking a "marriage" license for a legal union with his second "wife."
Nathan Collier says he will file suit in federal court if he is not ultimately granted a polygamous "marriage" license. Collier appeared on the television series "Sister Wives" on the TLC network. There are seven children in his household. It is reported that Collier is in the process of "courting" a third wife.
"This is all about marriage equality," Collier said, echoing the refrain of homosexual "marriage" advocates. "You can't have marriage equality without polygamy."