Justice Sonia Sotomayor was questioning former U.S. Solicitor General Ted Olson, a pro-gay marriage Republican. She brought up a very interesting question during the exchange: If gay marriage is legal, what about polygamy?
Sotomayor asked, “If you say that marriage is a fundamental right, what state restrictions could ever exist?” before referencing “polygamy and incest among adults,” as reported by Matt Canham of the Salt Lake Tribune. The argument is an illustration of a broader issue about the culture of American society. To agree that gay marriage is indeed protected by the “equal protection” clause in the Constitution, wouldn’t the same apply for all consenting adult relationships?
Recently, President Obama’s “Organizing for Action” tweeted a quote from the president, whose position on this has “evolved” in a big way from 2008, when he stated, “I believe marriage is between a man and a woman. I am not in favor of gay marriage.” The tweet quoted the President as saying: “Every single American deserves to be treated equally in the eyes of the law,” followed by the hashtag #MarriageEquality. If this is true, than America should do away with programs like affirmative action, which do not treat everyone “equally”. Additionally, if this is true, than loving polygamous families should be allowed to get married.
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