Posted on 06/17/2015 7:16:28 AM PDT by C19fan
The Emory Law Journal has a symposium on the constitution and polygamous marriage. Some articles are on whether the government may criminalize adults entering into polygamous religious marriages, even when the parties aren’t claiming any legal rights stemming from such a marriage. I think such a criminal prohibition violates the Free Speech Clause. But other articles discuss whether there should be a constitutional right to government recognition of polygamous marriage, much as the court is now considering whether there should be a constitutional right to government recognition of same-sex marriage. The article that most squarely endorses this view is Ronald C. Den Otter’s Three May Not Be a Crowd: The Case for a Constitutional Right to Plural Marriage (paragraph breaks added):
(Excerpt) Read more at washingtonpost.com ...
Then on to beastiality.
The insanity is metastasizing.
Oh, it already IS a constitutional right, just that the courts haven’t caught up to it yet. I’ll guess 22 years before the Supreme Court formally recognizes the right.
Watch out, Fido, you’re next!
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There is a much bigger rationale to recognizing polygamous marriage than same-sex marriage. Polygamy has been around for thousands of years in lots of cultures. It is legal in much of the Muslim world. Once there is deemed to be a rationale for same-sex marriage, then polygamy becomes impossible to suppress.
Your cartoon brings up a possible real reason for same-sex marriage: gay men being able to “marry” teen boys. In most states, a minor may marry at 16 with parental consent (15 or younger in some states).
It began about four decades ago with no-fault divorce, then quickie divorces, then the acceptance of living together, then turning births out of wedlock into a lifestyle choice, then gay marriage, now this. Marriage has been under assault for decades. Gay marriage was just one chapter of the Left’s war on the family. Polygamy will be next. Then something new and horrible will come after that until marriage is dead.
We have taken a multi-millennial cultural certainty of male-female marriage and cast it aside to stand on quicksand, believing that the consequences of the change are easily handled. They cannot and will not be easily handled and this polygamy is indeed the camel nose under the tent.
I firmly believe that marriage should be separated from legal civil union and the government be only concerned with the latter as contract law. Not being a lawyer even I do know that this is not a sufficient solution but to have an activist gaystapo hounding religious belief to hang them as examples to discourage others is abhorrent in the extreme!
The courts’ use of equal-protection reasoning provides the logical mandate for both polygamous marriage AND the prohibition of all forms of state licensing.
Marriage can now become a business agreement amongst thousands and thousands of parties, who don’t have to actually know each other. The motivation is obtain recognition and benefits provided by 3rd parties and government on the basis of marriage.
This is so predictable. I suppose incest will be after that, and then pedophilia. Let me know when I can marry my dog. She has been more faithful and provided more unconditional love than my wife.
If libs can argue about the social desctructiveness of income or wealth inequality—which concerns access to money, why can’t we argue that polygamy creates an analogous social problem with respect to sexual access? All of the cute little girls are taken by rich old men, just as in Muslim countries. It leads to tremendous frustration and pathology in the left-out younger men.
Remove Natural Law-—the basis of American jurisprudence—and you have irrational man-made up “rights”. Promoting Virtue is essential for any Virtue (Justice) System to survive. If you promote Vice and Evil laws (welfare/theft) you will get more of it and Vice will be made “normal” to those children raised in the Vice system.
There is no natural right from God to sodomize others or to treat women like dogs and in a system which teaches any children that males are superior to females.
This unequal treatment of the sexes and the irrational Marxist idea that males and females are interchangeable-—throws out Science, Truth and Right Reason......
But that is Cicero’s point, isn’t it and St. Thomas’s-—When Law ceases to be Just, it ceases to be Law.
And we all know that when you have Rule of Man (Hitler/obama) civil society will collapse and you will have a totalitarian system which controls what you are allowed to “think” and “do” and how you “educate” your little Johnny which will end up exactly like the education of the little Afghani harem boys.
It already is, lurking in the fringes of the shadows of the penumbras of the Equal Protection clause, waiting for Justice Kennedy to discover it.
There’s no legal argument in favor of gay marriage that wouldn’t equally apply to polygamy.
Ironically, I just came across a cartoon from the 1963 October Playboy that had 2 men in from of a marriage counselor with the caption of “You realize, of course, that starting out you had two strikes against you.” Playboy being, from its inception, an argument for fluid morality and hedonism, makes this a good exemplar of how things have changed. I have looked but have not found it available to show the actual cartoon!
But I could be wrong.
-PJ
I read something the other day that I should have bookmarked. Briefly, about 30 40 years ago Natural Law in America jurisprudence was replace by precedent. Ergo Justice as it is commonly known no longer exists in the USA. Instead of God's Law or Natural Law we now have mans law and we are screwed.
Followed by necrophilia...
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