pres man wrote:It's possible. At this point, as I've said before, regardless of the legal theory involved, the public support isn't there. Win the public support and the legal theory will follow.Orfamay Quest wrote:pres man wrote:
Sounds a lot like Baker v. Nelson. And we saw that ultimately didn't stop the same-sex marriage movement. So I would not be so confident that it will be "finished" anytime soon. Sure there will be lots of loses along the way, but ultimately the fundamental rights of marriage, recognition, and respect can not be oppressed forever. Obergefell v. Hodges just proved that.
EDIT: But more accurately, the current era of plural marriage rights actually began when part of Utah's cohabitation law was found unconstitutional. This is more akin to when the SCOTUS found sodomy laws unconstitutional.
If they follow the same-sex marriage movement, they will first have to get all of the laws prosecuting these relationships to be deemed unconstitutional. You'll hear a lot of, "We don't need government recognition, we just don't want to be prosecuted for living our lives how we want." Once that is done, then they will start looking at getting some marriage type rights for the non-officially married "spouses". With a final call for full marriage rights. It certainly take awhile to get all of this done, but not nearly as long as it took for same-sex marriage, since the road has already been plowed. The public has already accepted that consenting adults should be able to form relationships without government interference.
@Orfamay Quest: Child welfare is irrelevant to the issue since it has been proven that marriage isn't about children. That argument has been dismissed, thus you can't put the genie back in the bottle.