General Discussion
In reply to the discussion: The gay marriage decision has put us in uncharted waters with regard to polygamy [View all]Wella
(1,827 posts)" a concept implemented in the laws of every democracy and pseudo-democracy on the planet) was so irrational as to violate the Constitution."
Correct?
So how did they do this?
After all, every government since the beginning of recorded history denied gays the right to marry. There is far more historical support for polygamy (and still is). So polygamy is not the extreme case you think it is. Gay marriage was actually far more extreme and far more revolutionary.
In regard to the SCOTUS decision and rational basis:
The violation of the Constitution was the violation of the Equal Protection Clause, and this was invoked because marriage had been declared a fundamental right.
The GLBT marriage advocates demonstrated that institutionalized heterosexual marriage (and the exclusion of gays from that institution) violated the Constitution.
If marriage is a fundamental right, then denying marriage to certain classes of people has to be the result of a compelling interest of the state.
The SCOTUS decision on gay marriage was really a decision that the state had no compelling interest to deny gays the right to marry.
Tell me where I'm wrong.