Do you support the rights of polygamists to openly marry and have all the rights of other married couples? Why or why not?
Weird that this thread is being bumped 3 months later.
I'm not sure right now. I believe it is a non-analogous situation to same-sex marriage.
Just using simple math:
M+M = Illegal
M+W = Legal, clearly sets a standard based solely on gender, or more technically sexual orientation. It would need a reason to do so. I think those reasons have been discussed ad naseum and thoroughly debunked, therefore I believe there is not enough justification to discriminate based on gender/s.o.
M+M+M = Illegal
M+W+W = Illegal
M+M+W = Illegal
All of these are equally "illegal". I don't see it as a gender issue in any form. I don't see it as a sexual orientation issue, at least not in any argument I've ever heard. The relationships, as far as I understand are separate, therefore the more proper math would probably be:
(M1+W1) + (M1+W2) = illegal
(W1+M1) + (W1+M2) = illegal
M+W/M = legal
I don't see anything discriminatory in comparing those, other than discriminatory towards numbers. So, in order for me to be concerned there needs to be a basis for that concern, and I don't think there is one, at least facially. (Some will scream that SSM equality is about "love" and if it is about "love" than anyone who "loves" should be allowed to marry). This is a ignorant straw man that means nothing, the last thing we should be doing is trying to quantify love, or use it in governance.
Ok, so where is the actual issue regarding Polygamy? It relies, imo, wholly within the First Amendment. Is restricting their marriage rights prohibiting their free exercise. Well, yes, it probably is. It is fairly central to their religious practice, and stopping them from doing so would seem like it violates. That is one reason I think cohabitation and adultery laws are Unconstitutional, we simply can not control that behavior, as it relates to religion.
So, the larger question to me is, as long as they can "marry" religiously, does the First bar laws against non-religious "marriage" I'm not settled on this issue. This is separate and distinct from SSM, because that was an equal protection issue, I don't see this as an Equal Protection issue, beyond the religious reasons.
Now, even if we believe that the First is, in fact, implicated, that doesn't simply end the discussion. Is there a legitimate, government purpose for having the law, and is it applied equally across religions? I haven't delved deep enough in to the Ploygamy debate to make up my mind whether the government has a good enough reason to ban it.
Anything else 86/90?