avalon
Antwan Scott
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Sex with goats seems to be a different rule, so I don't think that would apply here. If you love someone (a person) you should be able to marry him/her/them. I don't see how homosexuality is any different than polygamy in that regard. I said this a year ago and got ripped for that line of logic. Funny how that works.
Looking back, your point did generate some intelligent responses that belong in this thread:
I've thought about this a lot, and to me here is the legitimate argument behind allowing gay marriage and disallowing polygamy and incest.
Let's start off with the base assumption that everyone has the right to be married and the government should not infringe on that right. Then, as with every right we have in this country, there can be exceptions based on legitimate government interests. In the case of incest, it's easy. Research has clearly shown that it's dangerous for offspring. Next, comes polygamy. First, is the complicating tax and estate issues with this. But, more importantly, is anyone who wants to be in a polygamous relationship is not denied the right to be married. Granted, they cant be married to more than one person at the same time...but, they can still be married.
With the homosexual exception, there is no legitimate government interest (as is the case with incest) and they cannot be married (as is the case with polygamy). So, to me, those are the two glaring differences and how the court can easily draw a distinction between them.
Incest is obvious. Polygamy is a little harder. In addition to your points which I agree with, generally speaking throughout human history the institution of polygamy has been strongly associated with women being treated as property, abused, and deprived of equal rights. See, e.g., Warren Jeffs. There may be some hippy love ins out there where one dude and his three women are living in perfect equality and love. The far more common scenario throughout human history has been a situation where the leaders of a tribe/religion/community treat women as property, keep them uneducated and subservient, the chiefs/pastors/leaders have access to more women, and lower men on the totem pole don't get to marry anybody. The women in the situation may be brainwashed or socialized into thinking they are making a free choice to stay, but in fact the whole structure is built to keep them in their place. So, given this history, it is not a stretch to say there is a legitimate government interest in prohibiting polygamy.
I see the polygamy/gay marriage distinction like this: the government has chosen to incentivize marriage between two people in the form of tax advantages and a litany of other benefits we all know about. It didn't have to--I would hope your love for your spouse is not dependent on claiming a tax break or the label of 'government recognition' (love is love, after all!)--but Mr. Government happened to be feeling magnanimous, and studies show marriage is good for society, so whatever, yay. But the government did so only for two people. It could have been three, it could have been zero, but it's two. Only two people get to apply for this special government recognition at a time; it's a limit like any other limit to a government benefit. For example, the first-time home buyer credit was capped at $8,000 (in 2009, on one home, your first); charitable deductions have a limit; and marriage benefits are extended only to two people. (I know this analogy isn't perfect but I'm simplifying and speaking broadly)
Out of this framework the argument for gay marriage becomes more of an equal protection under the law type of argument. Why discriminate against gay couples if you wouldn't discriminate against, say, left-handed couples? Religious views should have no bearing in a secular government, which is what ours is.
But this framework doesn't provide an argument for government recognition of polygamous marriages, in a similar way to how you can't buy two first homes. But hey, a church can marry whomever it wants.
Again, I'm speaking in terms of broad concepts (lawyers and constitutional scholars can feel free to tear me apart--I'd appreciate the chance to learn something new), but that's how I see a legitimate distinction between gay marriage and polygamy, in addition to valid points by Les and 923.