Lindsey Graham: If Gay Marriage Is A Constitutional Right, Why Not Polygamy?

Sen. Lindsey Graham, R-S.C., speaks to supporters after winning the Republican primary, Tuesday, June 10, 2014, in Columbia, S.C. Graham defeated six tea party challengers. (AP Photo/Rainier Ehrhardt)
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Sen. Lindsey Graham (R-SC) asked Attorney General nominee Loretta Lynch to explain Wednesday at her confirmation hearing why polygamy wouldn’t also become a constitutional right if if the Supreme Court decided that same-sex marriage was protected by the Constitution.

“If the Supreme Court rules that same-sex marriage bans are unconstitutional — that it violates the Constitution to try to limit marriage between a man and a woman, that’s clearly the law of the land unless there’s a constitutional amendment to change it — what legal rationale would be in play that would prohibit polygamy?” Graham asked. “What’s the legal difference between a state ban on same-sex marriage being unconstitutional but a ban on polygamy being constitutional?”

“Could you try to articulate how one could be banned under the Constitution and the other not?”

Lynch declined to discuss the legal question.

“Senator, I have not been involved in the argument or the analysis of the cases that have gone before the Supreme Court,” she said. “So I’m not comfortable undertaking legal analysis without having had the ability to undertake a review of the relevant facts and the precedent there. So I certainly would not be able to provide you with that analysis at this point, but I look forward to continuing the discussions with you.”

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