INCEST, POLYGAMY, SSM: Gabriel Rosenberg

SSM supporter Gabriel Rosenberg has a two-part series on distinguishing the cases for legalizing incestuous marriage, polygamy, and SSM.

Part one; part two. Summary: "In the last post I examined how arguments for subjecting prohibitions on same-sex marriage to stricter scrutiny may or may not result in subjecting incest and polygamy prohibitions to higher scrutiny as well. It depended on which arguments were made and how those rights were viewed. Ultimately though, no matter what standard is used, the prohibitons against polygamy, incestuous marriage, and same-sex marriage must all be justified. I will demonstrate here that the first two marital prohibitions may be justified and those reasons do not imply the latter prohibition is justified. That is same-sex marriage does not necessitate incestuous or polygamous marriage. Furthermore, I will note that the same-sex marriage prohibition may well have been justified in the past. This exhibits the logical flaw in claiming it's impossible for there to be no rational basis for prohibiting same-sex marriage because the prohibition has existed for thousands of years."
posted by Eve at 7:14 PM | link

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