Originally Posted By: IvyLeague
Uh...then why did this country outlaw polygamy? Isn't that form a marriage a fundamental right, especially considering it has a first amendment basis with freedom of religion?



You're frequently wrong, but seldom in doubt.

First of all, while the possible right to gay marriage has yet to be addressed, there are clear legal, policy, and constitutional differences between that and polygamy or bigamy. Heterosexuals can still exercise the right to marry while gays can't in most states. If we were to challenge a marital law that does not include polygamy under strict scrutiny (an overly generous standard under the circumstances), there are compelling state interests that are overriding. There are numerous rights, obligations, privileges and responsibilities associated with the state institution of marriage that are compromised anddestroyedby pluralistic or even incestual unions. These include matters involving death, secession, diminution of assets, social security, tax filings, exemptions, deductions, custody, transfers of property, insurance coverages, right to enter into prenuptial agreements, and many more. Fidelity is a state interest as well, which is nullified by the very existence of polygamy or bigamy.

Polygamists are not denied the right to marry, but by demanding a right to maintain multiple spouses they are altering the rights associated in marriage.

The rights, responsibilities and obligations associated with marriage can be fulfilled by same-sex partners as well as opposite sex partners. Moreover, gay marriage has a much more valid argument under equal protection as they constitute a distinct and immutable class of people, which would require heightened scrutiny under the Equal Protection Clause.

Finally, spare us all the hysterics and juvenile name calling, but feel free to keep hurling bible verses at us. smile