Thursday, July 22, 2010

Amendment or Supreme Court Ruling?

The Supreme Court of the United States ruled in Reynolds v. United States (1878) that polygamy is not a Constitutionally-protected right. This has allowed the U.S. government to ban it. Even if the U.S. government didn’t ban, it the ruling allows states to ban it. The only way to ensure the right to polygamy would be for either a new Supreme Court decision reversing the old one, or a Constitutional amendment: the Marriage Equality Amendment. A court reversal could come as part of a ruling about same-sex marriage.

Striking down DOMA in a way that just sends the matter back to the states still leaves all of those states with laws banning gay marriage, polygamy, and consanguineous marriage. If, however, the court rules that the right to marriage should negate not only DOMA but most state marriage bans, that would be great. But what are the chances of that? If it doesn’t happen, then adding an amendment to the American Constitution, which isn’t easy, would be the best way of granting full marriage equality.

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