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

December 16, 2013

(CBS) Advocacy groups for polygamy and individual liberties on Saturday hailed a federal judge’s ruling that key parts of Utah’s polygamy laws are unconstitutional, saying it will remove the threat of arrest for those families.
U.S. District Judge Clark Waddoups said in the decision handed down Friday that a provision in Utah law forbidding cohabitation with another person violated the First Amendment of the U.S. Constitution, which guarantees basic rights, including freedom of religion.

(Knish) 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.
(KnishAnd 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.”

Just like Cass Sunstein and Samantha Power wanted


#GayMarriage and the Dysfunctions of Modernity (Answering the Stupid Question: How will gays marrying affect your marriage?)

April 1, 2013
(Supreme Court Justice Elena Kagan thought she scored some points when she demanded that the lawyer defending California’s Proposition 8 tell her the exact “harm” gay marriage would cause.) Of course, the point is that we don’t know how such a social experiment will turn out, or what specific “harm” will follow, no more than we know the benefits.Why would same-sex marriage, virtually unknown among human societies, be a “human right,” but polygamy, extensively documented in history and prevalent today all over the world, wouldn’t? Even the ancient Greek celebrator of homoerotic attraction, Plato, called sex between males “against nature.” No more scientifically based are the alleged “studies” that purport to show that children reared by gay couples suffer no adverse effects. As Nelson Lund writes in the Wall Street Journal, professional organizations like the American Psychological Association and the American Academy of Pediatrics claim that scientific research shows no differences between children growing up with gay couples and those raised by heterosexual parents, a claim parroted recently on NPR. But these studies are riddled with compromising flaws such as tiny nonrandom samples, a lack of control groups, and reliance on self-report from gay parents, no more an objective source of information than straight parents’ estimations of their parenting skills. Moreover, the most comprehensive study that did use a large randomized sample found several disadvantages for children raised in a household where parents were involved in a gay relationship. But as Lund reports, this study “has been vociferously attacked on methodological grounds by the same organizations that tout the value of politically congenial research that suffers from more severe methodological shortcomings.”(MORE)
Mothers Abuse Children 3 Times more than Dads – Federal HHS Statistics
(Answering the Stupid Question: how will gays marrying affect your marriage?)Nearly 40% of all births are to unmarried women. The rate in the Hispanic and Black communities is twice that. According to the CDC In 2007, 93% of births to 15–17 year-olds and 82% of births to 18–19 year-olds were nonmarital. Re-defining marriage by polygamy could absorb large numbers of unmarried single mothers. As men marry multiple times, providing male role models to millions of boys lacking that today.