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.”

Notable Replies

  1. I don’t give a shit if two women want to marry a man, so long as it’s not coerced and/or a 14 year old getting married off to a 55 year old, as frequently happens in cults that practice polygamy.

  2. why not polygamy?

  3. He went there. He actually went there.

    He’s just begging for an outing.

  4. How is it “clearly the law of the land” that marriage is between one man and one woman, considering the fact that this is no longer the law in the majority of states? The same asinine reasoning was used to argue against allowing people of different races to get married. This stupid argument, unlike a good wine, does not get better with time.

  5. What’s the legal difference between a state ban on same-sex marriage being unconstitutional but a ban on polygamy being constitutional?

    Because, Lindsey, no one’s asking for polygamy, nor are they asking for bestiality, nor pedophilia. Look, it’s not hard to understand; what’s being asked for is equal treatment under the law. Full stop.

    P.S. No one is buying the lame, slippery-slope arguments anymore Lindsey, so you can give that a rest.

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