The interesting appellate decision will be how the court handles polygamy in the wake of any ruling permitting gay marriage. Political correctness favors gay marriage but opposes polygamy. Logic does not inherently make that distinction. That is never been an impediment to judicial activists in the past and it will be interesting to see what emanations and penumbras they find the to justify gay marriage and continue to prohibit polygamy.
Polygamists have a much more logical case than does the gay marriage crowd.
There were some stories about today speaking about dealing with gay marriage divorces as if they were different than “straight marriage” divorces. Just like liberals — all of their concerns must be somehow different from the “mainstream” — lest they get cross or something.
I missed this comment a week ago.
OBVIOUSLY, a Court which follows its own precedents in Casey v. Planned Parenthood, Lawrence v. Texas, and especially Romer v. Evans will have to legalize polygamy, IF they ever agree to hear a case.
I suspect that, given the fact that such a decision will have the potential to reduce their power permanently, that they will not grant cert to any polygamy cases, at least not in the near future.