Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

May 31, 2023

In Brief: Obergefell and Legalizing Polygamy

The logical consequence of the Supreme Court’s marriage ruling was always going to expand further.

Marriage between one man and one woman is the building block of civilization. Polygamy certainly has roots in ancient civilization, though it was not God’s design for the family. Some folks would take us back to those days, as political analyst Jonathan Tobin explains.

In 2015, the U.S. Supreme Court decided the landmark case of Obergefell v. Hodges, legalizing gay marriage in all 50 states and the District of Columbia by a 5-4 vote. Justice Anthony Kennedy, who wrote the majority opinion for the case, didn’t seem to believe that the issue of polyamory could possibly be relevant or arise due to the court’s decision. Just eight years later, The New York Times published an article … that celebrated Somerville, Massachusetts, as a haven for legal polyamory.

… The Boston suburb adopted an ordinance in 2020 granting domestic partnership rights to people in polyamorous relationships. That was followed up this spring by the passage of two more laws “extending the rights of nonmonogamous residents,” banning discrimination on the basis of “family or relationship structure” in city employment and policing. The Somerville City Council is currently considering extending the reach of that law to housing. And as the Times reports, the “nonmonogamous” are no longer unusual there.

The Times, as Tobin notes, says “there is a significant crossover between those who identify as lesbian, gay, bisexual, trans and pansexual and those who practice nonmonogamy, according to multiple studies.” Polyamory is also becoming more popular in entertainment, which he says is itself what “helped pave the way for Obergefell.” Advocates hope to repeat the playbook.

It is worth remembering that at the time the gay marriage ruling was handed down, both the majority opinion and liberals cheering it sought to assure the nation that its implications were limited.

The decision was based on the claim that marriage “equality” was rooted in the due process and equal protection clauses of the 14th Amendment to the Constitution. The right of two people of the same sex to the benefits of government-approved marriage was, according to the five-justice majority and the rest of enlightened opinion, no less compelling than those of two of the opposite sex. …

Yet as Chief Justice John Roberts noted in his dissent, there was a problem. “Much of the majority’s reasoning” in support of same-sex marriage “would apply with equal force to the claim of a fundamental right to plural marriage.” Indeed, as Justice Samuel Alito had said during the case’s oral arguments, those who claimed the equal protection clause demanded that the law recognize same-sex marriage between two people could not reasonably explain on what grounds a state could deny a marriage license to a foursome of two men and two women.

Tobin agrees, noting, “Kennedy’s opinion included many elements that can be construed as arguing against extending the right of marriage to more than two consenting adults.” Lo and behold, they are being used that way.

If marriage is possible between any two individuals of the opposite or the same sex, then why not three, four, or any number of consenting adults, regardless of their sex? And if Somerville is the harbinger of a growing movement to legalize polyamorous and inevitably polygamous marriages by cities and ultimately states, then those who will defend such laws are on firm ground declaring that the logic of Obergefell demands that all non-traditional ideas about marriage must be treated equally under the law. This is the choice America made in 2015.

Well, not America, but five judicial despots.

Politically, Tobin says, “So long as American law rejects traditional marriage as a valid definition, [liberal politicians] have no leg to stand on to deny it to groups of consenting men and women or persons who define themselves in some other manner.” And conservatives, unfortunately, have largely given up given the popularity of same-sex marriage. We can’t give up, Tobin argues, because “The same movement that is driving events in Somerville and elsewhere aims to destroy the traditional family. In its place, they wish to elevate the nihilism of cultural Marxism.”

Read the whole thing here.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.