Polygamy is doublespeak and irrelevant to the equal marriage debate

Lord Wilson of the UK Supreme Court said:

"The introduction of same sex marriage is largely designed to avoid discrimination against gay people, whereas the introduction of polygamy would create discrimination against women even if some of them felt driven to escape poverty by marrying men on that basis."

The irony is that it takes religion and the religious to bring in polygamy. Where in the world can a man hold multiple wives, but in religious communities. Point in hand: Kenya has just legalised polygamy and you can thank the religious for that. Arit John reported in the Wire:

"The argument for legalizing polygamy is that the practice is part of Kenya's pre-colonial heritage, as well as sanctioned by the Bible. "Solomon never notified anyone," as one male member of parliament said while the bill was debated. "It is in the Old Testament."

Further, German Lopez explained here how the institution of marriage has long evolved and changed.

 

Lord Wilson - La Verite est en marche et rien ne l'arretera, Ctd

Lord Wilson on how concept of marriage has changed over time, in lecture for Northern Ireland Medico-Legal Society http://t.co/ZOYDNCA2SR
— UK Supreme Court (@UKSupremeCourt) February 19, 2014

Lord Wilson of the UK Supreme Court invited his listeners to consider the changing rules about who has been able to enter into marriage and the emergence of rules for easy exit from marriage. Changes which have altered the whole concept of marriage. He concluded by asking, almost rhetorically:

"I wonder whether Northern Ireland will for long be able to hold back the tide in favour of same sex marriages which laps against all Western shores."

His talk included a few highlights that gave weight to the irresistible inevitability of same-sex marriage.

Firstly, on who marriage was available to. One:

"Up until 1863, here in Ireland, a marriage between a Protestant and a Roman Catholic was void."

Hannah Arendt on same-sex marriage

Hannah Arendt wrote in her book Dissent in 1959:

“The right to marry whoever one wishes is an elementary human right compared to which ‘the right to attend an integrated school, the right to sit where one pleases on a bus, the right to go into any hotel or recreation area or place of amusement, regardless of one’s skin or color or race’ are minor indeed. Even political rights, like the right to vote, and nearly all other rights enumerated in the Constitution, are secondary to the inalienable human rights to ‘life, liberty and the pursuit of happiness’ proclaimed in the Declaration of Independence; and to this category the right to home and marriage unquestionably belongs.”

Evolution of Marriage Equality in the United States

If you are against gay marriage you are ignorant to the path of history. Time after time, those who oppose the sharing rights and legal protections are overturned.

You can read my essay for eamonnmallie.com on how marriage equality will in the end come to Northern Ireland here. You can also read my blog post that followed the Supreme Court ruling from the United States that smacked down the DOMA legislation here.

The above map comes from Andrew Sullivan, thanks for that.

SCOTUS ruling against DOMA moves the world a step closer to marriage equality

Andrew Sullivan has said that marriage equality is the civil rights issue of our age. As have many others, including Mayor Bloomberg. I agree. 

The recent decision by the Supreme Court of the United States did not actually find a fundamental right in the constitution to same-sex marriage. Therefore the highest court in America did not impose gay marriage by fiat on every state. Rather, the court led by Chief Justice John Roberts made it that federal law upholds and recognizes all gay marriages. 

There are 30 states that still ban marriage equality an they can continue to do so; but the federal government cannot stop marriage equality. As Andrew Sullivan said, the democratic debate will go on at state level, even as the momentum for equality has been increased. Andrew said:

"I find these incremental nudges and concessions to be the best kind of jurisprudence."

Andrew Sullivan then commented on the global import of America's new constitutional arrangement:

"Last week the court saw the mountaintop ahead and nudged America - and the world - towards it."