TAP DANCING LESSONS
Episcopalians? You might want to get started on the “theology” right away. Because you’re going to be dealing with this “marriage” situation sooner rather than later:
Kody Brown is a proud polygamist, and a relatively famous one. Now Mr. Brown, his four wives and 16 children and stepchildren are going to court to keep from being punished for it.
The family is the focus of a reality TV show, “Sister Wives,” that first appeared in 2010. Law enforcement officials in the Browns’ home state, Utah, announced soon after the show began that the family was under investigation for violating the state law prohibiting polygamy.
So dude’s going to court.
The lawsuit is not demanding that states recognize polygamous marriage.
Yet. And raise your hand if you didn’t see this coming.
Instead, the lawsuit builds on a 2003 United States Supreme Court decision, Lawrence v. Texas, which struck down state sodomy laws as unconstitutional intrusions on the “intimate conduct” of consenting adults. It will ask the federal courts to tell states that they cannot punish polygamists for their own “intimate conduct” so long as they are not breaking other laws, like those regarding child abuse, incest or seeking multiple marriage licenses.
This freakshow thinks he should have the legal right to bang more than one at a time have more than one wife.
“We only wish to live our private lives according to our beliefs,” Mr. Brown said in a statement provided by his lead attorney, Jonathan Turley, who is a law professor at George Washington University.
I”ve actually heard of that attorney. And if you’re thinking about bringing up that stupid and discredited slippery slope argument again then…well…SHUT UP!!
The connection with Lawrence v. Texas, a case that broadened legal rights for gay people, is sensitive for those who have sought the right of same-sex marriage. Opponents of such unions often refer to polygamy as one of the all-but-inevitable outcomes of allowing same-sex marriage. In his dissenting opinion in the Lawrence case, Justice Antonin Scalia cited a threat to state laws “based on moral choices” against “bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality and obscenity.”
Jennifer C. Pizer, a law professor at the University of California, Los Angeles, believes that if you think homosexual marriage can be compared to banging more than one at a time legal polygamy then, well…SHUT UP!!
The questions surrounding whether same-sex couples should be allowed to marry are significantly different from those involved in criminal prosecution of multiple marriages, Ms. Pizer noted. Same-sex couples are seeking merely to participate in the existing system of family law for married couples, she said, while “you’d have to restructure the family law system in a pretty fundamental way” to recognize polygamy.
Why is that, wonders Professor Turley.
Professor Turley called the one-thing-leads-to-another arguments “a bit of a constitutional canard,” and argued that removing criminal penalties for polygamy “will take society nowhere in particular.”
Besides, bitches, this is 2011.
The Supreme Court supported the power of states to restrict polygamy in an 1879 case, Reynolds v. United States. Professor Turley suggests that the fundamental reasoning of Reynolds, which said polygamy “fetters the people in stationary despotism,” is outdated and has been swept away by cases like Lawrence.
Can you say schadenfreude? Knew you could. Should be fun to watch.
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