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Justice Alito’s Gay Marriage Questions: Could It Legalize Polygamy, Did Ancient Greeks Allow It?

On rare occasions such as a nation focused on the Supreme Court, it’s disappointing to learn the nation’s top conservative jurists seem to read all the worst right wing blogs.

The audio from the first part of today’s Supreme Court hearing on same-sex marriage has been posted, and as we listen, reports are coming in about some of the more provocative and disappointing questions some justices posed. 

For instance, Justice Samuel Alito, certainly one of the most conservative on the court, appeared to be worried that making same-sex marriage legal would open the door to polygamy. He also seemed especially curious why the ancient Greeks allowed same-sex relationships but not same-sex marriages.

“In the initial questioning, which lasted about 90 minutes, Justice Samuel A. Alito Jr. asked whether groups of four people must be allowed to marry,” the New York Times reports, “while Justice Antonin Scalia said a ruling for same-sex marriage might require some members of the clergy to perform the ceremonies, even if they violate their religious teaching.”

Of course, the easy and correct answers to these questions are “no,” and “no.”

The Wall Street Journal’s live blog reported the exchange this way:

Justice Alito asked whether polygamists should have the right to marry.

Ms. Bonauto replied that a state would have justifiable concerns about consent and coercion in a polygamist union. She also said there would be concerns about who would make medical decisions and other matters that become complicated with more than two people.  

He questioned whether the same-sex couples’ definition of marriage would apply equally to unmarried siblings who lived together for 25 years and were committed to caring for one another.

Justice Alito asked about whether same-sex marriage was allowed in ancient Greece.

Some of the questions show just how far removed from the issue the justices appear – or wish to appear. 

Stay tuned – more to come.

 

Image by Steve Petteway via Wikimedia

 

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