Silhouette
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- Jul 15, 2013
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- #121
As with your predictions, I am comfortable placing no faith in your interpretation of court rulings.
OK Montrovant, tell us how, in your own words, the Court would deny someone asking for legal marriage because he said he is sexually attracted to more than one woman, it's the only way he can feel sexually satisfied...and that he has made a lifestyle out of this intimate choice...and all the women he's into are into it too? For them we could make up a word that describes titillation from imagining their husband with another wife. Probably already a word for that. Who are you to draw clear red lines on people's kinks? Once you put your dick in some guys artificial vagina (anus), do you really have room to judge another's sexual compulsions or desires & lifestyles?
C'mon. Pretend you're Kennedy and you're writing up the Opinion that denies the Browns the right to marry in all 50 states. How are you going to word it so that it doesn't conflict with Obergefell...particularly pages 7-12. Read them well, and then craft your Opinion "Justice Kennedy". I'll wait.
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Obergefell was not about being sexually satisfied. A married couple does not have to have sex or be sexually satisfied. That you think Obergefell was about sexual satisfaction is an example of why very few people put any stock in your legal interpretations.
Polygamous relationships do not fit within the current legal framework of marriage.
Read pages 7-8 in Obergefell. The Court discusses how not just same-sex, but also "gays and lesbians" and *drum roll* "sexual orientation"...even "intimate choices" and lifestyles accompanying them all find protection from discrimination from the states. Those paragraphs even purposefully weave and interchange all those references alternating about every other sentence. On purpose: to show they meant all of it.
So, unless you can tell us how JUST the lifestyle, intimate choices and sexual orientation of the Brown family is not qualifying under ANY of those wide-ranging qualifiers, you're going to have to write an Opinion in favor of forcing all 50 states to recognize polygamy as well. Or, dismantle Obergefell and return the decision to the states. Either or.
And then there's the matter of at least Ginsburg not being legally able to sit on Obergefell. But I'll let you play around a little longer with the lifestyle argument and see if you can't do a little better next time.
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Sorry Montrovant...the troll brigade bled off another page with ad hominems and derision but no substance (again) so in case you missed this post ^^
Your answer?