By Gary P Jackson
In what is certainly the most egregious example of judicial overreach in our nation’s history, the Supreme Court created a “right” that has never before existed. [every state in the USA, and most countries, have put numerous restrictions on who may, or may not marry, and for good reason] By declaring marriage a “right,” The Court opened the door, not only for gay marriage, but for any and all unions that were heretofore unthinkable, and totally unacceptable.
Not since Dred Scott, which essentially said Negroes were not human, but mere property …. farm implements if you will …. and thus, had no constitutional rights whatsoever, and Roe v Wade, which was ACTUALLY about the right to privacy, but was interpreted as creating a “right” to slaughter an innocent child and call it a “choice” [which has led to the slaughter of at least 80 MILLION innocent children, including over 20 MILLION black babies, since 1973] has The Court got it so wrong, and the potential damage to civilized society so great.
As it did in Thursday’s ObamaCare [SCOTUScare?] ruling, The Court has essentially rendered the 9th and 10th Amendments to the Constitution, and the concept of state’s rights, null and void.
Full disclosure before we go any further. While I’m not exactly what you’d call an “enthusiastic supporter” of gay marriage, I have absolutely ZERO problem with allowing gays to marry IF it had been done legally, and with the blessing of the American people, not through judicial fiat and activism. In other words, a constitutional amendment that would forever define marriage.
Look for an upcoming post outlining a constitutional amendment that could, and would, satisfy most Americans and ease their legitimate fears of being persecuted for their religious beliefs, while still allowing gay marriage.
In the headline I mention polygamy, the act of marrying more than one person at the same time, and living in a plural relationship, not to be confused with bigamy, being married to more than one person, usually without the other participants’ knowledge of that fact. [though laws against this may be voided as well] I also mention pedophilia, and incestuous relationships. Many will scoff, but the fact is, the happy-happy, rainbows and unicorns, let’s all sing Kumbaya wording in Justice Kennedy’s majority ruling opens up marriage to include any paring, or combination of parings, one can think up. Wanna marry your pet goat? OK. How about your color TV or your toaster? Sure, why not! [you can thank Frank Zappa and Joe’s Garage for that imagery!]
Don’t laugh, in other countries, run by lunatics, people have been allowed to marry trees, cars, and other random things. Nothing like the government indulging the mentally ill!
And yes, the United States is run by lunatics too. The inmates have taken over the asylum!
Here’s the thing, the arguments used to claim gay marriage was a “right,” based on the equal protection clause of the 14th Amendment to the Constitution, can be used by ANYONE in a relationship that, until now, has been illegal, or otherwise forbidden by civilized societies.
Don’t laugh! People seem to want to laugh at and ridicule those who talk about “slippery slopes” and the “law of unintended consequences ,” but in most cases, we are usually right on the money. Sometimes it takes years to be proven right, other times we see it almost immediately!
For example …. Friday, while the Court ruling was still sinking in for most people, the left wing website Politico published an opinion piece by Fredrik Deboer entitled: It’s Time to Legalize Polygamy Why group marriage is the next horizon of social liberalism.
Welcome to the exciting new world of the slippery slope. With the Supreme Court’s landmark ruling this Friday legalizing same sex marriage in all 50 states, social liberalism has achieved one of its central goals. A right seemingly unthinkable two decades ago has now been broadly applied to a whole new class of citizens. Following on the rejection of interracial marriage bans in the 20th Century, the Supreme Court decision clearly shows that marriage should be a broadly applicable right—one that forces the government to recognize, as Friday’s decision said, a private couple’s “love, fidelity, devotion, sacrifice and family.”
The question presents itself: Where does the next advance come? The answer is going to make nearly everyone uncomfortable: Now that we’ve defined that love and devotion and family isn’t driven by gender alone, why should it be limited to just two individuals? The most natural advance next for marriage lies in legalized polygamy—yet many of the same people who pressed for marriage equality for gay couples oppose it.
This is not an abstract issue. In Chief Justice John Roberts’ dissenting opinion, he remarks, “It is striking how much of the majority’s reasoning would apply with equal force to the claim of a fundamental right to plural marriage.” As is often the case with critics of polygamy, he neglects to mention why this is a fate to be feared. Polygamy today stands as a taboo just as strong as same-sex marriage was several decades ago—it’s effectively only discussed as outdated jokes about Utah and Mormons, who banned the practice over 120 years ago.
Yet the moral reasoning behind society’s rejection of polygamy remains just as uncomfortable and legally weak as same-sex marriage opposition was until recently.
That’s one reason why progressives who reject the case for legal polygamy often don’t really appear to have their hearts in it. They seem uncomfortable voicing their objections, clearly unused to being in the position of rejecting the appeals of those who would codify non-traditional relationships in law. They are, without exception, accepting of the right of consenting adults to engage in whatever sexual and romantic relationships they choose, but oppose the formal, legal recognition of those relationships. They’re trapped, I suspect, in prior opposition that they voiced from a standpoint of political pragmatism in order to advance the cause of gay marriage.
In doing so, they do real harm to real people. Marriage is not just a formal codification of informal relationships. It’s also a defensive system designed to protect the interests of people whose material, economic and emotional security depends on the marriage in question. If my liberal friends recognize the legitimacy of free people who choose to form romantic partnerships with multiple partners, how can they deny them the right to the legal protections marriage affords?
Polyamory is a fact. People are living in group relationships today. The question is not whether they will continue on in those relationships. The question is whether we will grant to them the same basic recognition we grant to other adults: that love makes marriage, and that the right to marry is exactly that, a right.
Why the opposition, from those who have no interest in preserving “traditional marriage” or forbidding polyamorous relationships? I think the answer has to do with political momentum, with a kind of ad hoc-rejection of polygamy as necessary political concession. And in time, I think it will change.
The marriage equality movement has been both the best and worst thing that could happen for legally sanctioned polygamy. The best, because that movement has required a sustained and effective assault on “traditional marriage” arguments that reflected no particular point of view other than that marriage should stay the same because it’s always been the same. In particular, the notion that procreation and child-rearing are the natural justification for marriage has been dealt a terminal injury. We don’t, after all, ban marriage for those who can’t conceive, or annul marriages that don’t result in children, or make couples pinkie swear that they’ll have kids not too long after they get married. We have insisted instead that the institution exists to enshrine in law a special kind of long-term commitment, and to extend certain essential logistical and legal benefits to those who make that commitment. And rightly so.
But the marriage equality movement has been curiously hostile to polygamy, and for a particularly unsatisfying reason: short-term political need. Many conservative opponents of marriage equality have made the slippery slope argument, insisting that same-sex marriages would lead inevitably to further redefinition of what marriage is and means. See, for example, Rick Santorum’s infamous “man on dog” comments, in which he equated the desire of two adult men or women to be married with bestiality. Polygamy has frequently been a part of these slippery slope arguments. Typical of such arguments, the reasons why marriage between more than two partners would be destructive were taken as a given. Many proponents of marriage equality, I’m sorry to say, went along with this evidence-free indictment of polygamous matrimony. They choose to side-step the issue by insisting that gay marriage wouldn’t lead to polygamy. That legally sanctioned polygamy was a fate worth fearing went without saying.
To be clear: our lack of legal recognition of group marriages is not the fault of the marriage equality movement. Rather, it’s that the tactics of that movement have made getting to serious discussions of legalized polygamy harder. I say that while recognizing the unprecedented and necessary success of those tactics. I understand the political pragmatism in wanting to hold the line—to not be perceived to be slipping down the slope. To advocate for polygamy during the marriage equality fight may have seemed to confirm the socially conservative narrative, that gay marriage augured a wholesale collapse in traditional values. But times have changed; while work remains to be done, the immediate danger to marriage equality has passed. In 2005, a denial of the right to group marriage stemming from political pragmatism made at least some sense. In 2015, after this ruling, it no longer does.
While important legal and practical questions remain unresolved, with the Supreme Court’s ruling and broad public support, marriage equality is here to stay. Soon, it will be time to turn the attention of social liberalism to the next horizon. Given that many of us have argued, to great effect, that deference to tradition is not a legitimate reason to restrict marriage rights to groups that want them, the next step seems clear. We should turn our efforts towards the legal recognition of marriages between more than two partners. It’s time to legalize polygamy.
Conventional arguments against polygamy fall apart with even a little examination. Appeals to traditional marriage, and the notion that child rearing is the only legitimate justification of legal marriage, have now, I hope, been exposed and discarded by all progressive people. What’s left is a series of jerry-rigged arguments that reflect no coherent moral vision of what marriage is for, and which frequently function as criticisms of traditional marriage as well.
This is, sad to say, an incredibly well thought out argument, and one that can be made without the necessity of another court battle. Again, the precedent is set, not only for polygamy, but absolutely ANY relationship and union that has formerly been considered taboo and forbidden. Welcome to the brave new world where court rulings are based on feelings, rather than the Constitution, and common sense!
Let’s visit what Chief Justice Roberts wrote in dissent of the ruling, that strongly warns the ruling opens the door for polygamy: [emphasis mine]
Although the majority randomly inserts the adjective “two” in various places, it offers no reason at all why the two-person element of the core definition of marriage may be preserved while the man-woman element may not. Indeed, from the standpoint of history and tradition, a leap from opposite-sex marriage to same-sex marriage is much greater than one from a two-person union to plural unions, which have deep roots in some cultures around the world. If the majority is willing to take the big leap, it is hard to see how it can say no to the shorter one.
It is striking how much of the majority’s reasoning would apply with equal force to the claim of a fundamental right to plural marriage. If “[t]here is dignity in the bond between two men or two women who seek to marry and in their autonomy to make such profound choices,” ante, at 13, why would there be any less dignity in the bond between three people who, in exercising their autonomy, seek to make the profound choice to marry? If a same-sex couple has the constitutional right to marry because their children would otherwise “suffer the stigma of knowing their families are somehow lesser,” ante, at 15, why wouldn’t the same reasoning apply to a family of three or more persons raising children? If not having the opportunity to marry “serves to disrespect and subordinate” gay and lesbian couples, why wouldn’t the same “imposition of this disability,” ante, at 22, serve to disrespect and subordinate people who find fulfillment in polyamorous relationships? See Bennett, Polyamory: The Next Sexual Revolution? Newsweek, July 28, 2009 (estimating 500,000 polyamorous families in the United States); Li, Married Lesbian “Throuple” Expecting First Child, N. Y. Post, Apr. 23, 2014; Otter, Three May Not Be a Crowd: The Case for a Constitutional Right to Plural Marriage, 64 Emory L. J. 1977 (2015).
I do not mean to equate marriage between same-sex couples with plural marriages in all respects. There may well be relevant differences that compel different legal analysis. But if there are, petitioners have not pointed to any. When asked about a plural marital union at oral argument, petitioners asserted that a State “doesn’t have such an institution.” Tr. of Oral Arg. on Question 2, p. 6. But that is exactly the point: the States at issue here do not have an institution of same-sex marriage, either.
Think this is no big deal?
In September of 2014 a German ethics committee ruled that INCEST is a “fundamental right“: [emphasis mine]
Incest a ‘fundamental right‘, German committee says
Anti-incest laws in Germany could be scrapped after a government-backed group said relationships between brothers and sisters should be legal
Laws banning incest between brothers and sisters in Germany could be scrapped after a government ethics committee said the they were an unacceptable intrusion into the right to sexual self-determination.
“Criminal law is not the appropriate means to preserve a social taboo,” the German Ethics Council said in a statement. “The fundamental right of adult siblings to sexual self-determination is to be weighed more heavily than the abstract idea of protection of the family.”
Their intervention follows a notorious case in which a brother and sister living as partners in Saxony had four children together. The couple had been raised separately and only met when the brother, identified only as Patrick S, was an adult, and his sister Susan K was 16.
Patrick S was sentenced to more than three years in prison for incest and the couple have since failed in their bid to have the guilty verdict overturned by the European Court of Human Rights.
The family was forced to live apart after the courts ruled that there was a duty to protect their children from the consequences of their relationship.
Two of the couple’s children are disabled, and it is believed that incest carries a higher risk of resulting in children with genetic abnormalities.
But the Ethics Council dismissed that argument, on the basis that other genetically affected couples are not banned from having children.
The Council said it based its recommendation on extensive research, in which it found many incestuous couples are forced to live in secret.
In one case, it found a woman was being blackmailed by her father and ex-husband, who threatened to depive her of access to her children unless she ended a new relationship with her half-brother.
Incest remains illegal in the UK and most European countries, although France abolished its incest laws under Napoleon I and there has been growing debate over the taboo in Germany.
Around two to four per cent of Germans have had “incestuous experiences”, according to an estimate by the Max Planck Institute.
But a spokeswoman for Angela Merkel’s ruling Christian Democrats indicated the government was unlikely to adopt the Ethics Council’s recommendations.
“The abolition of the offense of incest between siblings would be the wrong signal,” said Elisabeth Winkelmeier-Becker, legal policy spokeswoman for the party’s group in parliament.
“Eliminating the threat of punishment against incestuous acts within families would run counter to the protection of undisturbed development for children.”
It’s not speculation that incestuous sexual relationships can lead to disability and abnormalities among children. Not just physical deformities, but mental deformities as well. Inbreeding was once the “in thing” among European royalty. Study up on the Hapsburg family. Aggressive inbreeding among this royal family led to a distinctive deformity of both the lips and jaws of their offspring, that still exist today. Inbreeding has effected the British Royals as well.
Included in the above article are links to these equally disturbing articles:
Marriage between uncle and niece is ruled legal by New York Court
29 Oct 2014
Australian judge says incest may no longer be a taboo
10 Jul 2014
Father wanted over Australia’s worst incest case ‘hiding in UK’
30 Jun 2014
Switzerland considers repealing incest laws
13 Dec 2010
For those of you of the more libertarian bent, who are wondering why such a fuss, study up on the fall of ancient Greece and ancient Rome. Two civilizations that gave the world many great things and concepts, that crashed and burned because of their “if it feels good, do it” attitudes. These two great civilizations were destroyed by liberalism, of the sort America, and civilization, battles today.
Civilized societies have certain rules, norms, and taboos for a reason. These aren’t concepts that are willy-nilly and created on a whim. The need for these rules has been proven valid through thousands of years of human history.
America is the greatest civilization the world has ever known, but I’m afraid it is no match for the evil that is liberalism.
The slope is well greased, and we are about to slip down it at warp speed.
The American Experiment …. it was fun while it lasted.