General Discussion
In reply to the discussion: Gay people can have multipartner relationships too. [View all]Tatiana La Belle
(152 posts)It sounds like Kennedy was trying to avoid the road to civil unions. However--and this is the big question--since he avoided making a new protected class, and the decision was based on this synergy idea that crucially relies on due process (do I have that right?), is polygamy something that could also be covered by the due process-based ruling? That seems to be Turley's point. Now, I know he has a dog in that hunt, but he is not the only one who thinks the door has been opened.
So, could someone take the due process argument and say that denying marriage (which is now not based on the right to procreate) to someone who, say, is naturally bisexual by now allowing them two partners would not pass the "rational basis" test? Or would that be completely outside the realm of possibility?
Also, there seem to be a lot of people on DU who think that a new protected class was created. Some of these DU polygamy arguments are based on the idea of inborn sexualities (like bisexuality) and equal protection clause, but that would be wrong on its face, right?
Sorry if I sound confusing. It's approaching midnight here and I'm beginning to nod off. But it's rare that I get to talk to someone who can go through this with me. I want to understand what happened.