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madville

(7,412 posts)
Wed Jul 8, 2015, 04:59 PM Jul 2015

What if a Bisexual person wants to marry both the same and opposite sex?

If someone is born Bisexual and wishes to be married to both someone of the same and opposite sex at the same time and current law prevents them from doing that, could such a law be seen as unjust and infringing upon their lifestyle?

Or should they be limited by the law to have to select which sex to be married to, even though they may wish to be married to both?

117 replies = new reply since forum marked as read
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What if a Bisexual person wants to marry both the same and opposite sex? (Original Post) madville Jul 2015 OP
Too bad. BillZBubb Jul 2015 #1
It never is when it aligns with our biases. LanternWaste Jul 2015 #2
I try to match my personal biases with history mythology Jul 2015 #4
Creative rationalization. LanternWaste Jul 2015 #5
Not recognizing plural marriage is not an Equal Protection violation jberryhill Jul 2015 #14
Good analysis. Thank you. cwydro Jul 2015 #17
There's a whole bunch of conundrums that come up jberryhill Jul 2015 #20
Exactly. nt cwydro Jul 2015 #22
I love it when a lawyer... Whiskeytide Jul 2015 #24
And even messier if Barbara and Charlie Sheepshank Jul 2015 #26
On a total change of subject....I think Charlie is a really awesome name for a girl. StevieM Jul 2015 #57
Yep jberryhill Jul 2015 #60
Loved "Charlie." Loved Bobby Short! He epitomized New York cool when I lived there! CTyankee Jul 2015 #70
Kinda young, kinda wow jberryhill Jul 2015 #74
I dunno, I never smelled the perfume...it was just so much fun and so New York... CTyankee Jul 2015 #76
Throw in some half-siblings and step siblings TexasMommaWithAHat Jul 2015 #68
Thanks. Scootaloo Jul 2015 #102
Not to mention, if we allow poly marriage, do they all have to marry at the same time? KitSileya Jul 2015 #111
Can I add a redhead to my family unit? We don't have that option currently snooper2 Jul 2015 #89
I think it is for bisexuals yeoman6987 Jul 2015 #39
He or she has to choose./nt DemocratSinceBirth Jul 2015 #3
Then he or she better find a hermaphrodite Motown_Johnny Jul 2015 #6
marry another bi and take turns oldandhappy Jul 2015 #7
Brilliant... Whiskeytide Jul 2015 #23
I had been planning on posting this question too PowerToThePeople Jul 2015 #8
Are you saying brer cat Jul 2015 #18
You mean like the assumption that bisexual people can't make up their mind? NuclearDem Jul 2015 #49
A lot of folks don't seem to understand what is meant by "equal protection of the laws" jberryhill Jul 2015 #9
Oh! Shall not deny any person equal protection of the laws! prayin4rain Jul 2015 #15
A very succinct overview of the issue jberryhill. Unfortunately it will be ignored by the Monk06 Jul 2015 #104
My wish come true? tymorial Jul 2015 #10
"could be seen as unjust" doesn't mean unconstitutional. geek tragedy Jul 2015 #11
What would the argument be to legalize the marriage of a bisexual to two spouses? Tatiana La Belle Jul 2015 #12
. gollygee Jul 2015 #13
not really different from a man wanting two wives IMO treestar Jul 2015 #16
Well, currently it's "Pick 1" - plenty of people sleep with more than 1 person at a time Yo_Mama Jul 2015 #19
Your second sentence sums it up quite well jberryhill Jul 2015 #21
That makes the most sense out of any explanation of heard so far. smiley Jul 2015 #62
Again, the consenting adults principle rules here. Cleita Jul 2015 #25
Okay jberryhill Jul 2015 #32
Message auto-removed Name removed Jul 2015 #40
I don't have a problem with it at all jberryhill Jul 2015 #52
In most polygamous societies the children do call all their dad's wives Cleita Jul 2015 #47
Meaning what in relation to what I posted? jberryhill Jul 2015 #50
Marriage has always been a business contract. Cleita Jul 2015 #56
"Why worry about it now?" jberryhill Jul 2015 #58
+1 LittleBlue Jul 2015 #59
I'm all for consenting adults being free to structure their lives as they see fit, but there are Warren DeMontague Jul 2015 #96
A gay couple I know once explained why they wanted to be married although they already Cleita Jul 2015 #98
I still think it's a vastly different question. Warren DeMontague Jul 2015 #99
What is with these questions about plural marriage? hrmjustin Jul 2015 #27
Didnt you hear, those Gays got equal rights. Pisses of some randys1 Jul 2015 #29
Well this crap is pissing me off and i see right through it. hrmjustin Jul 2015 #30
It's pissing off Maryland? Or Medical Doctors? jberryhill Jul 2015 #35
Corrected. hrmjustin Jul 2015 #36
Oh, Maine! jberryhill Jul 2015 #37
Well, there are some things that do piss me off. One was John Kerry getting swiftboated, and madinmaryland Jul 2015 #41
I thought of you when I saw that comment jberryhill Jul 2015 #42
I'm a guy, so it's NOT maidinmaryland!! madinmaryland Jul 2015 #43
lol jberryhill Jul 2015 #44
Marriage should be open to all people. guillaumeb Jul 2015 #28
First of all no "compelling state interest" is required jberryhill Jul 2015 #34
Given that the 14th Amendment extends equal protection under the law to all persons, guillaumeb Jul 2015 #81
In answer to your first question.... jberryhill Jul 2015 #84
Dealing first with any expansion of marriage: guillaumeb Jul 2015 #106
No, you don't understand jberryhill Jul 2015 #114
Some thoughts here on your points, guillaumeb Jul 2015 #116
I would say that they probably have a lot of time on their hands and don't have to worry about being luvspeas Jul 2015 #31
Guess you better step up PowerToThePeople Jul 2015 #33
You don't marry a sex. You marry a person. Iggo Jul 2015 #38
You are free to petition for this social construct expansion seveneyes Jul 2015 #45
I am all for the legalization of what ever arrangement adults decide among themselves. alphafemale Jul 2015 #46
jesus...are there no bisexuals on this board??? ibegurpard Jul 2015 #48
+1 nt Tree-Hugger Jul 2015 #77
+1000 Cal Carpenter Jul 2015 #94
+1000 n/t Ms. Toad Jul 2015 #117
Jesus! Being bisexual isn't being polygamous, indecisive, or need of both at once! NuclearDem Jul 2015 #51
Yeah no shit ibegurpard Jul 2015 #53
No, no, no, no... you don't get it jberryhill Jul 2015 #54
Hey, if I'm attracted to different types of women, I need one of each! NuclearDem Jul 2015 #61
Oh, things are going to be interesting in my house tonight! jberryhill Jul 2015 #64
You mean to tell me that bisexual people are...people? Iggo Jul 2015 #66
+1 nt Tree-Hugger Jul 2015 #78
Yes. Thank you. Matariki Jul 2015 #82
The best of both worlds? randr Jul 2015 #55
this is a stupid thread CatWoman Jul 2015 #63
It's a real stupid thread ibegurpard Jul 2015 #67
Why the fuck don't you ask bisexuals about it? They are not fictional people and they are not Bluenorthwest Jul 2015 #65
Who needs butter? I've got plenty! Initech Jul 2015 #69
Popcorn's salty... I brought the beverages! Rhythm Jul 2015 #108
Popcorn and beer, can't go wrong! Initech Jul 2015 #112
Then that person needs to pick ONE person, just like everyone else. pnwmom Jul 2015 #71
The complete lack of any replies by the thread starter pisses me off no end muriel_volestrangler Jul 2015 #72
The gay baiting crowd found a new shiny toy. Bluenorthwest Jul 2015 #75
Their "lifestyle," really? Zenlitened Jul 2015 #73
Where is this blitz of polygamy / polyamory threads coming from? AZ Progressive Jul 2015 #79
It is strange. I know liberals and conservatives and in real life the only ones ohnoyoudidnt Jul 2015 #80
Today Earl G ppr'd Wella, the instigators of this shit for having multiple accounts.... Bluenorthwest Jul 2015 #86
you don't say ibegurpard Jul 2015 #88
I am still amazed that so many fell for such obvious bladerdash. Bluenorthwest Jul 2015 #90
Is there a lot of this? Tatiana La Belle Jul 2015 #83
Tatiana La Belle-Posting Privileges Revoked Bluenorthwest Jul 2015 #87
I wish they'd get them all.... Hekate Jul 2015 #100
Don't care. Let them... Orsino Jul 2015 #85
As an actual bisexual... Cobalt Indigo Jul 2015 #91
thank you! ibegurpard Jul 2015 #93
Thank you. And welcome to D.U.! pnwmom Jul 2015 #110
Thank you! Cobalt Indigo Jul 2015 #115
Flame bait drive-by of bigoted sore-loserism. nt ChisolmTrailDem Jul 2015 #92
people marry people, not genders. Warren DeMontague Jul 2015 #95
You marry a person, not a sex. yewberry Jul 2015 #97
Another Day Another Polygamy Thread redstateblues Jul 2015 #101
What if I came up with two reasons a day to NOT celebrate the AWESOME randys1 Jul 2015 #103
What a completely asinine thread. dballance Jul 2015 #105
That has ~nothing~ to do with 'being bisexual... That's a polyamory issue Rhythm Jul 2015 #107
What if a bisexual person wants to marry two people of the same gender? pnwmom Jul 2015 #109
They'd have to pick one. n/t Lil Missy Jul 2015 #113
 

LanternWaste

(37,748 posts)
2. It never is when it aligns with our biases.
Wed Jul 8, 2015, 05:09 PM
Jul 2015

"And no, the law isn't unjust..."

It never is when it aligns with our own personal biases.

 

mythology

(9,527 posts)
4. I try to match my personal biases with history
Wed Jul 8, 2015, 05:11 PM
Jul 2015

In this case that polygamous societies are bad for the people involved including often being coercive toward the women and children involved.

 

LanternWaste

(37,748 posts)
5. Creative rationalization.
Wed Jul 8, 2015, 05:12 PM
Jul 2015

"I try to match my personal biases with history"

Creative rationalization.

 

jberryhill

(62,444 posts)
14. Not recognizing plural marriage is not an Equal Protection violation
Wed Jul 8, 2015, 05:33 PM
Jul 2015

People can live together in whatever voluntary arrangements they like. There is no law against that.

However, to implement plural marriage, a vast body of law would need to be re-worked, and there would be a lot of unanswered policy questions which I have not seen anyone posting on the topic address.

So I guess I'll ask you, since it is so obvious.

Person A is the hypothetical bi-sexual person in the OP. Person A is male.

Person B is a straight woman.

Person C is a straight man.

Now, are you saying you want person A to marry person B and person C? Or are you saying that you want all three of them married - i.e. by implication then that person C and person B are also "married".

If so, then tell me the outcome of this situation.

I'll give them names - Andrew, Barbara and Charlie.

They all get married in 2015.

In 2017, Barbara has a child, Bill, by Andrew.

In 2035, a week after Bill turns 18, Barbara dies.

Do Barbara's personal assets go to Andrew and Charlie jointly? Or do her assets go to Bill? Normally, in most states, her assets would go to her spouse first, so I am going to assign her assets to Andrew and Charlie jointly.

In 2036, Andrew dies. All of his assets go to his spouse Charlie.

In 2037, Charlie dies. Charlie is not the father of Bill. His assets presumably go to other relatives of his.

Is that right? Is that how this works? Does intestacy law in your state provide an answer to any of these questions?

Once you work your way through that, I will throw in another child of Barbara's by Charlie, and a different death order. Then throw in a sequence of divorces and re-marriages.

It's not as simple as you and others seem to believe. Interestingly, these problems don't crop up with "let's allow two same sex people to get married on the same terms as everyone else", but there is a huge CLASS of problems that crop up with any number beyond two.

And none of the people bringing up the question seem to have any answers to the ensuing legal problems.
 

cwydro

(51,308 posts)
17. Good analysis. Thank you.
Wed Jul 8, 2015, 05:38 PM
Jul 2015

Gah. I can only imagine the in-law issues.

No, just no.

I hope a new shiny object shows up on DU soon.

 

jberryhill

(62,444 posts)
20. There's a whole bunch of conundrums that come up
Wed Jul 8, 2015, 05:50 PM
Jul 2015

But none of the plural marriage advocates seem to have any interest in addressing them.

I have no objection to a legal framework to accommodate it, but nobody seems to want to put in the work.

Whiskeytide

(4,461 posts)
24. I love it when a lawyer...
Wed Jul 8, 2015, 05:59 PM
Jul 2015

... lays a little lawyering on the laymen. Well done. I, like cwydro, hope another issue takes hold of DU soon. I'm tired of this silliness.

 

Sheepshank

(12,504 posts)
26. And even messier if Barbara and Charlie
Wed Jul 8, 2015, 06:02 PM
Jul 2015

are either hetersexual or gay....the whole thing gets so convoluted when the home life is not meeting everyone's expectations and rather than the deaths in your scenario, we are dealing with divorce and splitting property, and may community property at that. In the scenario of the 3 getting married only Andrew's desires are addressed.

StevieM

(10,500 posts)
57. On a total change of subject....I think Charlie is a really awesome name for a girl.
Wed Jul 8, 2015, 06:59 PM
Jul 2015

I was disappointed when I kept reading your scenario and realized that Charlie was a guy. If I ever had a daughter, I would love to name her Charlie.

But I don't have kids and I don't think I ever will have kids. We are destroying the planet and I don't think I would want my children and grandchildren to live in the horrible world that they will be inheriting.

 

jberryhill

(62,444 posts)
74. Kinda young, kinda wow
Wed Jul 8, 2015, 07:51 PM
Jul 2015

I still don't know what to make of that commercial.

What did it smell like?

CTyankee

(63,912 posts)
76. I dunno, I never smelled the perfume...it was just so much fun and so New York...
Wed Jul 8, 2015, 08:06 PM
Jul 2015

and how I LOVED Bobby Short and his albums. Great music, great time in NYC when I worked and lived there. You hadda be there to know what I mean jberryhill...

TexasMommaWithAHat

(3,212 posts)
68. Throw in some half-siblings and step siblings
Wed Jul 8, 2015, 07:18 PM
Jul 2015

And it's really a nightmare.

Of course, it "works" with fundamentalist mormons because women are stuck and rarely leave.

Putting aside any religious connection, however:

"Husband" is "married" to "Wife A" and "Wife B,"and has two children with each woman.

"Wife B" wants out. Does "Husband" keep the kids in order to keep the half siblings together who have been living in the same household together? Does that give him a stronger argument in divorce court re: child custody?

And I'll keep writing this until my fingers fall off. If anyone thinks that polygamous marriages (1 man, multiple women) won't make up the vast, vast majority of the poly marriages, they aren't living in reality.

And it's bad for women.



 

Scootaloo

(25,699 posts)
102. Thanks.
Fri Jul 10, 2015, 06:14 PM
Jul 2015

This "But what about polymarriage!?" meme on DU needs to be dustbinned along with all the fucking flag-rallying.

KitSileya

(4,035 posts)
111. Not to mention, if we allow poly marriage, do they all have to marry at the same time?
Sun Jul 12, 2015, 10:37 PM
Jul 2015

What if Andrew and Barbara were married before Andrew met Charlie, and Andrew wants to marry him and Barbara doesn't?

Or if they all three marry, and 10 years later Andrew wants to divorce Barbara, but not Charlie? Will Charlie have to divorce Barbara too?

 

Motown_Johnny

(22,308 posts)
6. Then he or she better find a hermaphrodite
Wed Jul 8, 2015, 05:13 PM
Jul 2015

Each person can marry one other person (within certain limitations).

Sorry, marriage equality is not a slippery slope.


 

PowerToThePeople

(9,610 posts)
8. I had been planning on posting this question too
Wed Jul 8, 2015, 05:20 PM
Jul 2015


Love the new and improved DU with added right wing bigotry.
 

jberryhill

(62,444 posts)
9. A lot of folks don't seem to understand what is meant by "equal protection of the laws"
Wed Jul 8, 2015, 05:20 PM
Jul 2015

You appear to be one of those folks.

Prior to two weeks ago, the law in a lot of the US was that two consenting non-consanguinous adults could get married, unless they were of the same sex.

That is, two people of the same sex were being denied a right provided to other pairs of two people.

Hence, they were not afforded equal protection of the laws.

There is NOWHERE in the US that any combination of THREE (or more) people can be married. NO ONE is being discriminated against in that regard.

There is also no Constitutional provision about "infringing on their lifestyle".

Furthermore, the "two person" marriage framework touches on a lot of things like Social Security survivor benefits, tax status, child custody, intestate inheritance, etc..

Now, while all of the thousands of instances where marital status is legally or financially important for one reason or another, the simple fact of the matter is that you'd need to change a WHOLE HUGE WAD of laws in order to accommodate legally recognized marriage between more than two persons.

Sure, someone could embark on re-writing the various inheritance, tax, death benefit provisions etc., but that is IN NO WAY COMPARABLE to the simple change which occurred two weeks ago in relation to the recognition of same sex marriage.

There is no one anywhere with the legal power to stop any combination of adults living together in whatever arrangement they like (provided they don't exceed housing codes on occupancy by unrelated persons).

But, really, are we going to get past these uninformed and facile posts about marriage involving more than two persons? It is not comparable, does not involve and Equal Protection legal claim, and simply cannot happen as a consequence of a decision like the one which just happened.

prayin4rain

(2,065 posts)
15. Oh! Shall not deny any person equal protection of the laws!
Wed Jul 8, 2015, 05:36 PM
Jul 2015

I thought it said: shall write new laws that take into account whatever scenario any citizen wants.

Now, it makes sense.

Monk06

(7,675 posts)
104. A very succinct overview of the issue jberryhill. Unfortunately it will be ignored by the
Fri Jul 10, 2015, 06:41 PM
Jul 2015

pan sexuality/polygamy pot stirrers on DU.

Personally I think people pushing polygamy as a consequence of fair marriage laws are just shit disturbers or worse, Freeper trolls.

 

geek tragedy

(68,868 posts)
11. "could be seen as unjust" doesn't mean unconstitutional.
Wed Jul 8, 2015, 05:25 PM
Jul 2015

just about any law that inconveniences anyone can be seen as unjust.

 

Tatiana La Belle

(152 posts)
12. What would the argument be to legalize the marriage of a bisexual to two spouses?
Wed Jul 8, 2015, 05:30 PM
Jul 2015

If that is what you're talking about doing.

gollygee

(22,336 posts)
13. .
Wed Jul 8, 2015, 05:30 PM
Jul 2015
http://www.alternet.org/story/149710/9_stupid_myths_about_bisexuals_that_will_make_you_laugh

7. Bisexuals can never be happy in a monogamous relationship. Let the record show that bisexuals are just as likely to fail at monogamy as the rest of you infidels! According to Peggy Vaughan, author of The Monogamy Myth, statistics show that 40 percent of women and 60 percent of men have affairs at least once in their marriages. Since these people aren’t always married to each other, that means about 80 percent of all marriages are “touched” by adultery. But being bisexual doesn’t make you any more likely to cheat than being straight or gay does. Nor does it mean that bisexuals are destined to be miserable without a variety of genitalia at their disposal. Just as in other sexual relationships, being partnered with one person doesn’t suddenly negate your attraction to other people. The same goes for bisexuals in monogamous relationships.

Yo_Mama

(8,303 posts)
19. Well, currently it's "Pick 1" - plenty of people sleep with more than 1 person at a time
Wed Jul 8, 2015, 05:44 PM
Jul 2015

So a bisexual person is no different than a straight person who wants to marry two persons.

There is an Equal Protection issue if a person is not allowed to marry the person of their choice, but no Equal Protection issue if a person is faced with the same predicament as everybody else.

smiley

(1,432 posts)
62. That makes the most sense out of any explanation of heard so far.
Wed Jul 8, 2015, 07:04 PM
Jul 2015

And I tend to be on the pro-poly marriage side as long as it with consensual adults of course. But it would seem to be a lost-cause issue based on that argument.

Thanks for the legal talk!

Cleita

(75,480 posts)
25. Again, the consenting adults principle rules here.
Wed Jul 8, 2015, 06:00 PM
Jul 2015

If all parties married to one another are agreeable, why not? If a married partner insists on monogamy then that should be discussed before the I do's are said. I have known couples where one partner is bi, but he/she is faithful to the married partner.

 

jberryhill

(62,444 posts)
32. Okay
Wed Jul 8, 2015, 06:08 PM
Jul 2015

So if two of them have a child, then are all three of them parents?

In most states, any child born in a marriage is presumptively deemed a child of the spouses.

For example, the way that child support works quite often is that a couple has a child for a number of years, and then divorce. After the divorce, it is found that the child is not genetically related to the husband of that marriage. In many instances, he wants to stop paying child support.

However, the way the law works in most places, he cannot do that. Since the child was born in that marriage, and he raised no objection prior to well after the divorce, the story ends right there. Legally, that is his child.

That's done for a number of public policy reasons, with which I happen to agree. I've gone into them at length in DU in the past, but the bottom line is - that's the way it works.

So, in your world, do "consenting adults" ever have children? Get divorces? Take out life insurance policies? Pay social security taxes? If they do any of those things, then there are impacts that go well beyond the "consenting adults" involved.

Response to jberryhill (Reply #32)

 

jberryhill

(62,444 posts)
52. I don't have a problem with it at all
Wed Jul 8, 2015, 06:52 PM
Jul 2015

But "we can come up with some kind of formula" is a bit cart before the horse in this context.

Oh, and, welcome to DU.

Cleita

(75,480 posts)
47. In most polygamous societies the children do call all their dad's wives
Wed Jul 8, 2015, 06:46 PM
Jul 2015

mother and the non birth spouses are regarded as mother as much as the biological mother. Except with some Asian societies where only the head wife is mother and the children refer to lesser wives as auntie even if one is their biological birth mother. I suppose the same protocols could follow multiple dads. I think we have similar designations for family in our society. I have a step daughter and a son in law for instance.

I have always thought that children should take the surname of their birth mother myself. Makes it so much easier to figure out family ties when there is serial marriage involved between biological parents. Just because we only take one spouse at a time, doesn't mean that family isn't as complicated.

 

jberryhill

(62,444 posts)
50. Meaning what in relation to what I posted?
Wed Jul 8, 2015, 06:51 PM
Jul 2015

Are you going to sit down and revise the child support, custody, inheritance, insurance, social security, and thousands of other legal provisions involved, or just hand-wave at "other societies"?

Yes, other societies manage it. I had a lovely conversation one afternoon with a woman in Morocco where, indeed, there are plural marriages.

What other societies also have is a legal framework that accommodates it.

No such changes are required in the US to eliminate the equal protection violation involved in same sex marriage.

Huge changes would be required to accommodate plural marriage.

I am pointing out that these things are not related.

If you are volunteering to do all of the re-drafting, then go for it. I have no objection to it. But I am not dumb enough to think that it can be done by the wave of some magic wand.

Cleita

(75,480 posts)
56. Marriage has always been a business contract.
Wed Jul 8, 2015, 06:58 PM
Jul 2015

You don't have to get married to have sex and procreate. If and when other kinds of marriage become legal then laws surely will be made to accommodate those kind of marriage contracts. Why worry about it now?

 

jberryhill

(62,444 posts)
58. "Why worry about it now?"
Wed Jul 8, 2015, 06:59 PM
Jul 2015

Well that's sort of my question.

What do you suppose has made it such a fascinating topic on DU lately?

Warren DeMontague

(80,708 posts)
96. I'm all for consenting adults being free to structure their lives as they see fit, but there are
Fri Jul 10, 2015, 03:55 PM
Jul 2015

compelling legal reasons to limit marriage to two person pairs.

Marriage, as a legal institution, confers a whole host of tax benefits and other structural implications. Consider the alternative, with group marriage- what is to stop, say, the board of directors of Wal-Mart from all getting "married" to one another, and as such being able to transfer large sums of money around, tax-free? It's pretty guaranteed that if the door is left open to those sorts of loopholes, people will take advantage of them.

Conversely, extending marriage as it stands today to same-sex couples does not involve anything like a massive structural overhaul of the institution or the financial and legal implications thereof. In fact it is essentially akin to the overturning of laws against interracial marriage; an overdue righting of an injustice, but not one that implied any real change in what marriage is or does.

Legalizing plural marriage as in institution, legally, would imply a whole host of other changes and problems. None of this means that consenting adults can't and shouldn't be allowed to have long-term polyamorous arrangements if that's how they wish to structure their lives- still, there are solid compelling reasons to limit marriage to, again, couples.

Cleita

(75,480 posts)
98. A gay couple I know once explained why they wanted to be married although they already
Fri Jul 10, 2015, 05:30 PM
Jul 2015

had a committed relationship. They wanted to have the tax benefits and other structural implications that hetero marriage gives a couple. All the problems you imply are the same ones, as well as religious objections, that prevented the passing of gay marriage for so long. Sure, once you legalize a form of marriage, you need to recognize where the loopholes are and pass legislation to prevent it. Traditional marriage between a man and a woman had it's problems too. Old men could marry younger women. Children could be married to each other. People could be forced to marry each other even if they had never met. Societies had to tighten what could legally be done. It's no different with this.

Warren DeMontague

(80,708 posts)
99. I still think it's a vastly different question.
Fri Jul 10, 2015, 05:42 PM
Jul 2015

And not one which has been made any less intractable or immediately relevant, by the fact that same sex couples can get married, now.

randys1

(16,286 posts)
29. Didnt you hear, those Gays got equal rights. Pisses of some
Wed Jul 8, 2015, 06:06 PM
Jul 2015

Well, all they got was the right to marry.

In most states it is still legal to interview a Gay person for a job, then look them straight in the face and say the following:

"I hate you because you are Gay and I will not hire you because you are Gay"

madinmaryland

(64,933 posts)
41. Well, there are some things that do piss me off. One was John Kerry getting swiftboated, and
Wed Jul 8, 2015, 06:27 PM
Jul 2015

another appears to be this topic!!



 

jberryhill

(62,444 posts)
44. lol
Wed Jul 8, 2015, 06:34 PM
Jul 2015

No, I thought the poster was referring to another DU member, either Madem or madinmaryland.

Oh, skip it.

guillaumeb

(42,641 posts)
28. Marriage should be open to all people.
Wed Jul 8, 2015, 06:05 PM
Jul 2015

What compelling state interest can be demonstrated by limiting the combinations and/or numbers?

 

jberryhill

(62,444 posts)
34. First of all no "compelling state interest" is required
Wed Jul 8, 2015, 06:10 PM
Jul 2015

There is no cognizable class of persons denied equal protection of the law in relation to plural marriage.

guillaumeb

(42,641 posts)
81. Given that the 14th Amendment extends equal protection under the law to all persons,
Thu Jul 9, 2015, 05:37 PM
Jul 2015

is this equal protection limited to cognizable classes, or is equal protection only triggered when there is a statistically significant percentage of persons who would otherwise be impacted by a statute?

In the case of plural marriage, is there a legitimate state interest in denying the contractual and other associated benefits of marriage to people wishing to engage in a plural marriage?

 

jberryhill

(62,444 posts)
84. In answer to your first question....
Fri Jul 10, 2015, 12:59 PM
Jul 2015

...it is "cognizable classes".

Yes, a law that does not allow, say, double parking, has an impact on people who want to double park. But merely being able to define a set of people by some characteristic, does not render them to be a class for 14th Amendment purposes.

As it stands, there is no law forbidding people from living together in whatever arrangements they like.

As a legal status, however, there is a definite state interest in orderly administration of matters of inheritance, child custody and support, social security survivor benefits, and a host of other incidents to the civil legal status of "marriage".

No substantive changes in that administrative framework were required to recognize that denial of marriage equality to same sex couples was unequal treatment under the *existing* framework - i.e. unequal protection of law.

Expanding beyond 2 is not looking for "equal treatment", because it requires a host of entirely new and presently-non-existent laws.

Let me give you one teeny example, and there are thousands of these.

My father served in two wars. As a veteran, he was entitled to a grave site at a US Veteran's Cemetery. As the spouse of a veteran, my mother was entitled to be interred at the same site. You know how deep they dig 'em when a married veteran dies?

Going beyond 2 renders a lot of otherwise simple administrative functions to fall into paradoxes - particularly in relation to intestacy. Try this:

Allen, Barbara and Cheryl are married. Allen has a child, David, by Barbara. David turns 18. Allen dies. Allen's estate goes, I guess, jointly to his "spouse" Barbara and Cheryl, who remain in the marriage (and correct me if you think Allen's death somehow renders Barbara and Cheryl unmarried). A year later, Barbara dies. Who, in your mind, inherits from Barbara?

As you may or may not know, children born in a marriage are presumptively the children of the married couple. So, let's try another scenario. Same setup - A, B and C are married. A&B have child D. Allen divorces Barbara and Cheryl. In computing the child support formula in that situation, can you tell me if you consider the joint income of the remaining two - Barbara and Cheryl - versus the sole income of Allen?

Let's say that Allen becomes the custodial parent and he makes $50,000 per year. Barbara and Cheryl each make $25,000. So, do you start from the proposition that each "household" has the same income? Why or why not? And then, in order to administer child support, as many states do now, Barbara and Cheryl each have their wages attached for whatever their support level is supposed to be.

Cheryl gets tired of this, and she divorces Barbara. Does that change her child support obligation to Allen? And why is she paying child support for a child that has two other parents?

The state DOES have an interest in the administration of stuff like that, and the idea of waving a magic wand and saying "any number of people can now be married" throws a monkey wrench into that without FIRST having an n-marriage based legislative and regulatory framework in place.

guillaumeb

(42,641 posts)
106. Dealing first with any expansion of marriage:
Sun Jul 12, 2015, 10:03 PM
Jul 2015

When you wrote:
"As a legal status, however, there is a definite state interest in orderly administration of matters of inheritance, child custody and support, social security survivor benefits, and a host of other incidents to the civil legal status of "marriage". "

First, I would assume that whenever there are multiple marriages with survivors from each or all marriage, there can be complicated issues of inheritance that family law attorneys deal with. Plural marriage could make a growth industry of family law.

As to your two examples of individuals A, B, and C, if all three are married the death of one partner would not invalidate the relationship of the survivors. As to your hypothetical concerning inheritance from Barbara, given only the information that you have provided, I would assume that Cheryl would inherit, with David to inherit only upon Cheryl's death.

As to example 2, I would suggest that the three people each hire an attorney to work out these issues.

And I agree that the legal industry would have a lot of work to do in dealing with the ramifications.

As an hypothetical, would the issues attendant on a plural marriage be any more complicated than partnership agreements between multiple partners in a business setting?

And complexities aside, the issue still stands that if equality is the issue, what compelling state interest requires intervention if more than 2 people wish to get married? Yes the complexities would require a legislative and regulatory framework, but what aspect of business does not require such a framework? Marriage after all is a contract.

 

jberryhill

(62,444 posts)
114. No, you don't understand
Mon Jul 13, 2015, 12:36 PM
Jul 2015

"First, I would assume that whenever there are multiple marriages with survivors from each or all marriage, there can be complicated issues of inheritance that family law attorneys deal with. Plural marriage could make a growth industry of family law."

It's not a matter of "hiring lawyers".

First off, most people can't afford lawyers to deal with their affairs, which is why the law fills in a lot of blanks.

But there is no "growth industry of family law" in a legal system for which there is NO law, no precedent, nothing, governing the outcome of all kinds of situations that lead to deadlock under a legal system which presumes as a basis that a person only has one spouse at a time.

There is nothing at all analogous to situations involving serial marriages and divorces.

No "compelling state interest" is at issue because you seem to have ignored the short and simple answer to the question involving cognizable classes of persons. The "group of people wanting plural marriage" is not a cognizable class, and no compelling state interest is required in order to limit marriage to two persons at a time.

guillaumeb

(42,641 posts)
116. Some thoughts here on your points,
Tue Jul 14, 2015, 03:18 PM
Jul 2015

In many aspects of life, hiring a competent attorney, if not an absolute necessity, is a practical way to make sure that your home purchase, or your special needs trust, or your will, or your divorce, is competently executed. I hope that we can agree on that. And while many people feel that they cannot hire/afford an attorney, the consequences of not having proper legal advice can be costlier than hiring an attorney.

As to plural (meaning more than two persons) marriage, it would be a completely new field, with much to be done. I agree on that, and agree that there is no legal or social structure dealing specifically with a plural marriage.

But the law did not spring up spontaneously throughout human history. It was organized to deal with issues that arose among early human societies, and it has evolved as society has grown more complex. If plural marriage was made legal, the law of necessity would evolve to deal with the ramifications of such marriage. Business law has evolved over the centuries to deal with sole proprietorship businesses as well as very complex corporate structures.

Finally, the term "cognizable class" as I understand it refers to any group possessing a common characteristic or trait that allows the members of the group to be distinguishable.

My source here is:
Capable of being seen as a member of a unique group by the common characteristics shared with other members.
http://thelawdictionary.org/cognizable/

If this is correct, would not people desiring a plural marriage meet the definition? If a class can be identified, would that class not become a cognizable class?

luvspeas

(1,883 posts)
31. I would say that they probably have a lot of time on their hands and don't have to worry about being
Wed Jul 8, 2015, 06:08 PM
Jul 2015

killed by the cops.

 

seveneyes

(4,631 posts)
45. You are free to petition for this social construct expansion
Wed Jul 8, 2015, 06:34 PM
Jul 2015

In fact, you may have more success than a petition to the unknown ...

 

alphafemale

(18,497 posts)
46. I am all for the legalization of what ever arrangement adults decide among themselves.
Wed Jul 8, 2015, 06:43 PM
Jul 2015

And they should be able to make binding contracts with each other recognized by courts of law.

But for a state to have in place every possible scenario is beyond what has just happened and that being that marriage is between two people without changing any real structure of what a marriage is.

To codify all options say 3 people who want to all be married and bound to each other.

Or only one person wants to me married to two people but the other two do not wish to have that legal bond.

Then once you would go beyond 3 the situation is going to get more complicated and would need to be decided only by the individuals involved.

And what of people that want to have a non-binding 2 year contract?

If children are involved it is going to get insanely more complicated.

The easiest way around this is to end legal persecution of voluntary polygamy, which I believe has already occurred, and to allow people to draw up their own contracts.

There should be some way to monitor cases of involuntary polygamy especially in the case of minors, though.


ibegurpard

(16,685 posts)
48. jesus...are there no bisexuals on this board???
Wed Jul 8, 2015, 06:48 PM
Jul 2015

To counter this insulting notion that bisexuality means you you most have access to either sex at all times? Bisexuals can be monagamous or not...it's an orientation...just like heterosexuality or homosexuality. The idea of legally recognized plural marriages is of no more consequence to a bisexual than it is to any other orientation.

Cal Carpenter

(4,959 posts)
94. +1000
Fri Jul 10, 2015, 03:25 PM
Jul 2015

I can't believe I had to scroll through so much thread before someone pointed out that the OP's premise and assumptions about bisexuality are, at least, ignorant, or maybe even totally fucking offensive.

Ms. Toad

(34,074 posts)
117. +1000 n/t
Tue Jul 14, 2015, 05:02 PM
Jul 2015

Just scrolling through in the hope that someone has already addressed it.

What an ignorant premise.

I fully discussing poly marriages - and have found much of the bigotry directed at poly families extremely offensive, particularly since I have several friends who would like their poly families to have access to benefits similar to those afforded married couples.

But the premise of this OP is offensive. Bisexual individuals are no more inclined to simultaneous relationships with multiple people (of both genders) than straight people are inclined to simultaneous relationships with multiple people (of the opposite gender). Poly families have nothing more to do with bisexuality than they do homosexuality, heterosexuality, or even asexuality.

Not to mention that equal protection has nothing to do with the policy decision as to which family structures society should choose to encourage by recognition - as long as those structures are equally available to all individuals..

 

NuclearDem

(16,184 posts)
51. Jesus! Being bisexual isn't being polygamous, indecisive, or need of both at once!
Wed Jul 8, 2015, 06:52 PM
Jul 2015

It means being attracted to both sexes.

That's all.

Bisexual people are just as capable or incapable of mongamous relationships as anyone else.

By the Nine, what the hell is going on here?

 

jberryhill

(62,444 posts)
54. No, no, no, no... you don't get it
Wed Jul 8, 2015, 06:54 PM
Jul 2015

You see, bi-sexual people need to be married to people of both sexes for the same reason that heterosexual people need to have multiple partners of the opposite sex.

Or, uh, something.

 

NuclearDem

(16,184 posts)
61. Hey, if I'm attracted to different types of women, I need one of each!
Wed Jul 8, 2015, 07:04 PM
Jul 2015

Sorry, but that makes me incapable of a committed relationship with just one woman.

 

Bluenorthwest

(45,319 posts)
65. Why the fuck don't you ask bisexuals about it? They are not fictional people and they are not
Wed Jul 8, 2015, 07:09 PM
Jul 2015

incapable of speaking for themselves. Among the shabby ass aspects of this manufactured bullshit is the fucking fact that it is a bunch of straight people yapping about others as if those others can not yap for themselves. 'What if' is not the right question here. The right question is why are these threads being foisted suddenly and out of the blue?

pnwmom

(108,980 posts)
71. Then that person needs to pick ONE person, just like everyone else.
Wed Jul 8, 2015, 07:34 PM
Jul 2015

Did it never occur to you that plenty of straight people have trouble choosing between possible people to marry? And yet if they want to marry, then they have to choose a single person for that honor.

muriel_volestrangler

(101,321 posts)
72. The complete lack of any replies by the thread starter pisses me off no end
Wed Jul 8, 2015, 07:36 PM
Jul 2015

It may as well be titled 'something stupid that will piss people off, but I won't bother trying to justify it'.

 

Bluenorthwest

(45,319 posts)
75. The gay baiting crowd found a new shiny toy.
Wed Jul 8, 2015, 07:55 PM
Jul 2015

It's common that they start these things then run off. It's a game to them.

AZ Progressive

(3,411 posts)
79. Where is this blitz of polygamy / polyamory threads coming from?
Wed Jul 8, 2015, 09:04 PM
Jul 2015

Talk about a planted group of members just going out and executing the propaganda campaign of an anti-liberal group...

ohnoyoudidnt

(1,858 posts)
80. It is strange. I know liberals and conservatives and in real life the only ones
Wed Jul 8, 2015, 09:08 PM
Jul 2015

talking about gay marriage leading to polygamy are the conservatives.

 

Bluenorthwest

(45,319 posts)
86. Today Earl G ppr'd Wella, the instigators of this shit for having multiple accounts....
Fri Jul 10, 2015, 02:01 PM
Jul 2015

Multiple accounts about multiple marriages. Ironic.
Posting Privileges Revoked - "Operating multiple accounts, created new accounts while flagged for review."

So it was a blitz and a big giant fake, which fooled many people and made them look like stooges, chumps, hacks and patsies, dupes, idiots, shills, and schlemiels of the first order.
http://www.democraticunderground.com/?com=profile&uid=317022&sub=trans

 

Bluenorthwest

(45,319 posts)
90. I am still amazed that so many fell for such obvious bladerdash.
Fri Jul 10, 2015, 02:42 PM
Jul 2015

They should all be so ashamed to be that daft.

 

Bluenorthwest

(45,319 posts)
87. Tatiana La Belle-Posting Privileges Revoked
Fri Jul 10, 2015, 02:05 PM
Jul 2015

Operating multiple accounts, created new accounts while flagged for review.

Orsino

(37,428 posts)
85. Don't care. Let them...
Fri Jul 10, 2015, 01:18 PM
Jul 2015

...assuming you meant three equal partners. The "traditional" polygamy where one husband separately weds multiple women has tended toward sex slavery.

Adults who want the protections and obligations of marriage should have them, and I'm not picky about numbers.

Cobalt Indigo

(36 posts)
91. As an actual bisexual...
Fri Jul 10, 2015, 03:02 PM
Jul 2015

that's not how that works. Bisexuality =/= polyamorous. Bisexuality means being attracted to two or more genders (yes there's more than two). That's the actual definition. If a bisexual is in a relationship with a different gender, still bisexual. If they're in a relationship with someone of the same gender, still bisexual. It doesn't mean we won't "one of each" AT THE SAME TIME. For myself, I, a bisexual woman, have been in a relationship with a straight man for 10 years and we've been married for 4. Guess what? STILL BISEXUAL. I don't "need" a woman in order to be happy. But my identity is still valid and my attraction to women is still there.

Buzz off.

Warren DeMontague

(80,708 posts)
95. people marry people, not genders.
Fri Jul 10, 2015, 03:37 PM
Jul 2015

Good grief, are some folks really all pissy and so bent out of shape over "teh gay" being able to legally wed, that they have to spend all day coming up with these inane "oh no" slippery slope so-called thought experiments?



Christ, get a grip.

randys1

(16,286 posts)
103. What if I came up with two reasons a day to NOT celebrate the AWESOME
Fri Jul 10, 2015, 06:25 PM
Jul 2015

SC decision about Gay marriage?

You think the bigots would reward me with a rainbow ribbon?

Maybe these anti LGBT people need tickets to this



https://beachblanketbabylon.com/


Rhythm

(5,435 posts)
107. That has ~nothing~ to do with 'being bisexual... That's a polyamory issue
Sun Jul 12, 2015, 10:10 PM
Jul 2015

Two different things...
But you knew that already.

pnwmom

(108,980 posts)
109. What if a bisexual person wants to marry two people of the same gender?
Sun Jul 12, 2015, 10:25 PM
Jul 2015

Same answer.

If you want a state-recognized, legal marriage, then you need to pick ONE partner to be legally married to -- no matter what your gender or orientation.

But you can do anything privately that you want.

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