What's Next after Marriage Equality, Polygamy? Yes

I have consistently said that I believe Lawrence v. Texas protects the right to privacy of consenting adult polygamists against "cohabitational" bigamy. For those of you who are new to my blog, "cohabitational bigamy" is my reference to Utah's bigamy statute that defines bigamy as a married person who "cohabits with another person". If you cohabit with more than one partner and even though you are not legally married to both partners, you can be charged with bigamy in the state of Utah. That is a joke and is overreaching on the part of the state into the homes and bedrooms, of consenting adults. This right to privacy legal argument stems from Griswold v. Connecticut, which is a court decision that basically says that doctors cannot be required to provide birth control only to married women. In the case of consenting adults who desire to have more than one life partner in their family, and they are not seeking multiple marriage licenses or marital recognition from the state for those partners, the state has no business regulating their relationships.

The case by the 'Sister Wives' Brown family addresses this privacy element better than any I've seen so far.

Below find an the beginning of an interesting article by Dr. Jillian T. Weiss. Here are some excerpts, follow the link for the whole article. Dr. Weiss addresses one of the key legal elements of Lawrence v. Texas, whether or not the right to privacy of consenting adults can be curtailed by the state's interest to legislate morality.

After Marriage Equality, What's Next, Polygamy? Yes.
Filed By Dr. Jillian T. Weiss | July 12, 2011 12:00 PM
Category: Politics
Tags: Kody Brown, polygamy, Sister Wives, Utah

According to a New York Times article today, Kody Brown, star of the reality TV show "Sister Wives," is heading to court to challenge the Utah law against polygamy. He has four wives and 16 children and stepchildren.

According to the Times, "[l]aw enforcement officials in the Browns' home state, Utah, announced soon after the show began that the family was under investigation for violating the state law prohibiting polygamy." The Browns are expected to file suit tomorrow.

To be clear, the Times noted that "Mr. Brown has a civil marriage with only one of his wives; the rest are 'sister wives,' not formally wedded."

I think Mr. Brown has as much of a right to his relationships, as do his wives, as same-sex couples, or people who have multiple sex partners. Since when is it a crime to live together with your sex partners? Well, it is in Utah.

For the rest of this article, click here.