March 27, 2013

POLYGAMY VS. SAME-SEX MARRIAGE:  Justice Sotomayor asked an interesting question during the Supreme Court’s oral arguments on the constitutionality of California’s Prop 8:  If government cannot discriminate against homosexuals who want to marry, can it also discriminate against hetero- or homosexuals who wish to marry more than one person?  Or first cousins (or other relatives) who wish to marry?  Ted Olson’s answer was not entirely satisfactory, suggesting that a ban on polygamy or incest would be a ban on “conduct,” not one based on “status.”