Thursday, February 23, 2023

Obergefell and Plural Marriage

Assuming Obergefell is good law, how would it's reasoning apply to a claim brought by two men and one woman who seek state-recognition for their plural marriage? Is two a magic number for marriage as a fundamental right? Or should a loving community of three consenting adults qualify for marriage recognition and its many benefits for them and their children? What are the arguments under Obergefell in favor of extending marriage equality for intimate and committed plural relationships? What about against marriage equality for committed plural relationships?

What result under Glucksberg as resurrected by Dobbs?

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