Quote:
Originally Posted by Danzig
except for the fact that homosexuality isn't illegal, while polygamy is. and like i said, when polygamy is legalized for some and not others, than it would apply in the argument regarding constitutionality. but unlike marriage, it's not allowed just for some.
when interracial marriages were being legalized, i wonder if rupe asked 'what if there were no black people?'
|
The only part of polygamy that is illegal is the marriage part. A guy is allowed to live with 3 women. Living a polygamist lifestyle is not illegal. You just can't get the marriage license. This is the why it is a good analogy. The act of being gay is not illegal. You just can't get a gay marriage license. I don't know what part of the analogy is so confusing to you. Once again, the act of living a polygamist lifestyle is not illegal, only the marriage part is. The act of living a gay lifestyle is not illegal, only the marriage part is. That is why the analogy makes sense.
With regard to the "what if their were no gay people question", you are still not understanding what my point was. Black people are clearly an identifiable group. If there was a law against interracial marriage, black people would not be allowed to marry white people. Even if black people didn't identify with being black, they still would not be able to be marry white people under that law. So even if black people did not consider themselves part of a group, they would still be being discriminated against (as both a group and as individuals) if they were not allowed to marry white people.
If gay people did not identify themselves as being gay (in other words if there were no gay people per se), yet still wanted to marry people of the same sex, could a person still make a good argument that not being allowed to marry the same sex is discrimination? That was the question I was asking. There is not necessarily a right or wrong answer. With black people, if they didn't identify themselves as being black, and wanted to marry white people, I think a person could still make a strong argument of discrimination (if people of color were not allowed to marry white people).