The question then becomes, is there a compelling reason to institute a ban on polygamy and incest? My preliminary response is yes because I believe studies show that group dynamics change things dramatically, and I’m aware of no studies that show children of polygamous relationships are just as well off as children of two-person relationships. If such studies existed, then perhaps there WOULDN’T be a compelling state interest in banning polygamy. You might still run into problems with doling out benefits to more people in some families than others, which might raise another equal protection question as far as the benefits go, but as far as calling the relationship marriage, perhaps not.

Same goes with incest. As far as I’m aware, the children of incestuous relationships are much more likely to have birth defects. Not to mention that restrictions based on familial relationship only foreclose a miniscule number of persons from marrying each other. The ban does not have the far-reaching affect of stopping me from marrying millions of people. But again, this should be debated on its merits based on the same standards, but separate from the question of same-sex marriage.

The question then becomes, is there a compelling reason to institute a ban on polygamy and incest? My preliminary response is yes because I believe studies show that group dynamics change things dramatically, and I’m aware of no studies that show children of polygamous relationships are just as well off as children of two-person relationships. If such studies existed, then perhaps there WOULDN’T be a compelling state interest in banning polygamy. You might still run into problems with doling out benefits to more people in some families than others, which might raise another equal protection question as far as the benefits go, but as far as calling the relationship marriage, perhaps not.

Same goes with incest. As far as I’m aware, the children of incestuous relationships are much more likely to have birth defects. Not to mention that restrictions based on familial relationship only foreclose a miniscule number of persons from marrying each other. The ban does not have the far-reaching affect of stopping me from marrying millions of people. But again, this should be debated on its merits based on the same standards, but separate from the question of same-sex marriage.

In that case we are not dealing with fundamental rights and we have to look at the merits of government recognition of these private unions. Issues of merit are decided by the legislature and people of California as they are judgement/opinion issues. If marriage is a fundamental right then it would logically follow that group marriage, incest marriage, etc could not be denied.

In that case we are not dealing with fundamental rights and we have to look at the merits of government recognition of these private unions. Issues of merit are decided by the legislature and people of California as they are judgement/opinion issues. If marriage is a fundamental right then it would logically follow that group marriage, incest marriage, etc could not be denied.

I don’t know, how about you tell me?

I don’t know, how about you tell me?

On what legitimate basis do we deny marriage rights to family members right now?

On what legitimate basis do we deny marriage rights to family members right now?

Come on now, you’re really reaching here. Allowing only gay siblings to marry but not straight ones is not equal, and it wouldn’t even pretend to be, its separateness notwithstanding.

Come on now, you’re really reaching here. Allowing only gay siblings to marry but not straight ones is not equal, and it wouldn’t even pretend to be, its separateness notwithstanding.

Yes, but we treat people differently based on gender…just look at separate but equal bathrooms.

Yes, but we treat people differently based on gender…just look at separate but equal bathrooms.

I don’t know how they would handle the question of gay brothers marrying. My only thought on the issue is that it would treat people differently based on gender, which is also suspect. The government would have to show a compelling interest in the difference. I don’t know how they would handle that situation, other than to say that it affects sooo few people that it’s not going to come up in the first place.

I don’t know how they would handle the question of gay brothers marrying. My only thought on the issue is that it would treat people differently based on gender, which is also suspect. The government would have to show a compelling interest in the difference. I don’t know how they would handle that situation, other than to say that it affects sooo few people that it’s not going to come up in the first place.