"Plural Marriage, Group Marriage and Immutability in <i>Obergefell v. H" by Edward D. Stein
 

Publication Date

Spring 2016

Journal

UMKC Law Review

Abstract

For decades, opponents of marriage for same-sex couples have appealed to polygamy. The Chief Justice's dissent in Obergefell is no exception insofar as he says that the logic of the majority opinion with respect to same-sex marriage also applies to plural marriage. This Essay explores the resources for distinguishing polygamy from same-sex marriage, focusing on the mutability or immutability of the desire to engage in plural/group marriage as compared to the desires to marry someone of the same sex. It shows the appeal to immutability does not succeed in distinguishing plural/group marriages from same-sex marriages.

Volume

84

Issue

3

First Page

871

Last Page

[vi]

Publisher

UMKC School of Law

Keywords

Right to Marry, Marriage and Couples, Domestic Relations, Polygamy, Religion and the Law, Sexuality and the Law, Sodomy, Sex Acts

Disciplines

Law | Law and Society | Sexuality and the Law

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