By Jonathan S. Tobin
Once you blow up a societal consensus it cannot be easily reconstructed to protect only those practices or beliefs you like while still banning those you think ought to be kept beyond the pale. That’s the upshot of a case decided late on Friday in a Federal District Court in Salt Lake City, Utah that essentially decriminalized polygamy. The case, Brown v. Buhman, which was brought by the stars of “Sister Wives,” a TLC cable channel reality show depicting the life of a man with four wives and 17 children, who challenged the Utah statute that not only prohibited marriage with more than one spouse but said it was illegal for a person to cohabit with someone who was not their legal spouse. Citing the U.S. Supreme Court’s 2003 Lawrence v. Texas ruling that struck down state laws that prohibited sodomy, Judge Clark Waddoups heeded the plaintiffs’ argument that said Utah’s law violated their right to privacy.
While gay marriage advocates have sought to distance themselves from anything that smacked of approval for polygamy, Waddoups’s ruling merely illustrates what follows from a legal trend in which longstanding definitions are thrown out. The inexorable logic of the end of traditional marriage laws leads us to legalized polygamy. Noting this doesn’t mean that the political and cultural avalanche that has marginalized opposition to gay marriage is wrong. But it should obligate those who have helped orchestrate this sea change and sought to denigrate their opponents as bigots to acknowledge that the end of prohibitions of other non-traditional forms of marriage follows inevitably from their triumph.