US NEWS & WORLD REPORT: POLYAMOROUS RIGHTS ADVOCATES SEE MARRIAGE EQUALITY COMING FOR THEM:
Like others across the country last week, a Washington, D.C., couple and their housewarming guests buzzed about the Supreme Court’s ruling that legalized gay marriage in all 50 states. But they were far more interested in Chief Justice John Roberts’ dissent than the majority opinion that made same-sex marriage the law of the land.
The couple – a husband and his wife – are polyamorous, and had just moved in with their girlfriend. And in Roberts’ dissent, they saw a path that could make three-way relationships like theirs legal, too.
“Did you see we were mentioned by Roberts?” the husband beamed as he welcomed guests the day after the ruling. The chief justice wrote that polygamy has deeper roots in history and that the decision allowing gays to marry ”would apply with equal force to the claim of a fundamental right to plural marriage.”
“If the majority is willing to take the big leap,” he added, “it is hard to see how it can say no to the shorter one.”
“But why stop there when the concept of liberty goes a lot further?”, Richard Epstein writes in “Hard Questions on Gay Marriage,” at the Hoover Institute’s Defining Ideas Website. “In particular, Kennedy never explains why his notions of dignity and autonomy do not require the Supreme Court to revisit its 1878 decision in Reynolds upholding criminal punishment for polygamy, which is still on the books. Nor does he ask whether the dignity of workers could, and should, be used as a reason to strike down the full range of labor regulations on both wages and hours that make it flatly illegal for two individuals to enter into a simple employment contract on mutually agreeable terms.”