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Friday, November 19, 2004

"THE RIGHT TO MARRY INFINITE PEOPLE": Eve

That's what some moot-courting students said distinguished a hypothetical right to polygamy from the hypothetical right to same-sex marriage that they were defending. But... doesn't "the right to marry infinite people"--or at least the ability to ditto--already exist? It's called divorce. It's subject to various rules and restrictions; but so is marriage, in general. I'd be interested to know if Petitioners had some other way of distinguishing serial monogamy from polygamy, and if they would uphold a claim to "the right to marry infinite people, one at a time." Would a distinction between "the right to marry infinite people at the same time" and "the right to marry infinite people one at a time" pass the kind of intensive scrutiny that the Massachusetts Supreme Judicial Court gave that state's marriage statutes?

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