Bans Against Polygamy Unconstitutional (Updated w/Incest)

Greased Up Slide down Slope

…If Christianity and the Christian moral and societal framework is no longer viewed as normative in laws governing sexual practice, then the slippery slope to legalizing polygamy is here. We already know from the Lawrence ruling that the state may not regulate private consensual sexual conduct; if the principle that privileging Christian marital norms* is impermissible is accepted, by what standard do we prevent polygamy? I suppose you could say it harms society in some way, but this judge rejected that argument. Scalia’s Lawrence dissent was correct. We’re just seeing the logic of the majority opinion play out in the courts. That, and the collapse of Christianity as the basis for Western society. (The American Conservative)

* Actually, the argument for fidelity to one person of the opposite sex pre-dates Christianity as well [not just Judaism either]… see my “Point #3


HotAir will catch us up on the “haps” in our court system, and then we will let GP comment on the situation as these guys [only] can:

Jonathan Turley set quite a few tongues to wagging yesterday when he published an article with the provocative title, “Federal Court Strikes Down Criminalization of Polygamy in Utah.” It involves the case of Brown v Buhman, where Turley himself is one of the lawyers involved. The introduction to his announcement certainly fanned the flames of those who follow this subject closely.

It is with a great pleasure this evening to announce that decision of United States District Court judge Clark Waddoups striking down key portions of the Utah polygamy law as unconstitutional. The Brown family and counsel have spent years in both the criminal phase of this case and then our challenge to the law itself in federal court. Despite the public statements of professors and experts that we could not prevail in this case, the court has shown that it is the rule of law that governs in this country.

If the name Brown when related to the subject of polygamy is ringing a bell for some of you, that’s because the family in question is one and the same as the stars of the TLC series Sister Wives. This differs significantly from HBO’s highly successful, but completely fictional series Big Love, in that Sister Wives is a reality TV show based on the lives of actual polygamists.

A I mentioned above, this announcement set some people off immediately, including Professor Bainbridge.

  • Next stop on the slippery slope express, I assume, will be consensual adult incest marriages.

He followed that up with a tweet saying,Robert Bork was right. We are Slouching Towards Gomorrah.

…read more…

Indeed! Part of Utah`s Admittance

One of the comments in the GP post that makes TOTAL sense in its conclusions:

Well we went from “Does the sex of the partner really matter?” to “Does the number of partners really matter?”, so my money is on “Do the ages of the partners really matter?”, followed by “Does the genetic proximity of the partners really matter?”, followed by “Does the species of the partners really matter?”, but I think we have a good 50 to 100 years on that last one.

How long do you think it will be before we’re hearing about a 30-something single dad and his teenaged identical twin sons having a three-way wedding?

Another commentator on FreeRepublic notes well that “…wasn’t outlawing polygamy a condition of Utah’s statehood?”

Here is Gay Patriot layin’ down the intelligent commentary on the progressive left in our country being at the center of this rot, not exclusively gays, but gay leftists and hetero leftists:

“Don’t be ridiculous,” they said. “No way does same sex marriage lead to legalized polygamy. The slippery slope argument is a complete fallacy, because enactment of one liberal social policy has never, ever led to the subsequent enactment of the logical extension of that liberal social policy. Ever!”

Well, they may have been wrong about the coefficient of friction on that particular incline. Commenter Richard Bell notes the following: Judge Cites Same-Sex Marriage in Declaring Polygamy Ban Unconstitutional.

Interestingly, the judge’s 91-page opinion cites a series of legal precedents that have gradually redefined marriage, and limited the ability of the state to define it. Almost as though there had been some kind of negative gradient, and the law had been gravitationally drawn to the lower end of the gradient as a result of the lack of adhesion on that gradient.

Since marriage is no longer about creating a stable environment for children, and has become (and this mainly the fault of heterosexual liberals) about personal fulfillment, validation, and access to social benefits, there literally is no constraint on how much more broadly it can be redefined.

(emphasis added)

Ouch! So on the money! Liberalism in political philosophy, scientific paradigms, theology, and the like, all have the same outcome from the affect. Dilution to the point of relativised thinking, to wit Tammy Bruce cogently says — and for those that do not know, she is a lesbian:

★ Even if one does not necessarily accept the institutional structure of “organized religion,” the “Judeo-Christian ethic and the personal standards it encourages do not impinge on the quality of life, but enhance it. They also give one a basic moral template that is not relative,” which is why the legal positivists of the Left are so threatened by the Natural Law aspect of the Judeo-Christian ethic. (Tammy Bruce, The Death of Right and Wrong: Exposing the Left’s Assault on Our Culture and Values, 35.) [read more]

The same arguments in the case SCOTUS decided (Brown v. Buhman) will be used in an incest case here in the states (See the NY Times, as well as Time Magazine). With the fertilization choices, the fact that it takes multiple generations for “webbed feet,” and the idea that a sister-and-sister, or brother-and-brother cannot have children, leave the incest case open, as the Brown case has already been used to argue against polygamy.Incest Star Wars SMALL

Here is the last paragraph of the Time Magazine article that notes the players in the “incest” battle:

The ACLU has filed suit in several states to challenge the few remaining statutes that prohibit unmarried couples from living together. This is the sort of case that may have a better chance of expanding Lawrence’s reach, said Katine.

Here is Scalia, as quoted via U.S. News and World Report:

In his dissent of that ruling, Justice Antonin Scalia angrily warned that if the court was willing to strike down sodomy laws, other state laws on moral choices could soon be lifted, among them gay marriage. He wrote:

State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity … every single one of these laws is called into question by today’s decision.

He further argued:

If moral disapprobation of homosexual conduct is ‘no legitimate state interest’ for purposes of proscribing that conduct … what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising ‘[t]he liberty protected by the Constitution?’


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