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Politics : Foreign Affairs Discussion Group
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To: Oeconomicus who wrote (154423)12/20/2004 2:26:02 AM
From: epicure  Read Replies (2) of 281500
 
"Are a number of people who want society to allow polygamous marriages a "class" in the context of discrimination? "

Yes- a number of people with a religious reason who want to have polygamy are indeed a class. You are simply not correct about this.

Society discriminates all the time, and marriage is one area where it is obviously discriminating. It may not be clear to you that it is discrimination, but I think it should be clear to most lawyers- and it would also be clear that discrimination against non-protected classes would have only minimal scrutiny. You can disagree with me all you want, but you won't be able to back it up with legal references- because they go against you.

If you read this judgment carefully, you will see that the judge first found discrimination and THEN went on to decide that under Washington law gays were a protected class.

seattletimes.nwsource.com

step one- find discrimination

"The clear intent of the Legislature to limit government approved contracts of marriage to opposite-sex couples is in direct conflict with the constitutional intent to not allow a privilege to one class of a community that is not allowed to the entire community."

Step 2 he finds that gays are a protected class- protected class status though, has nothing to do with the finding in step one-

"But Hicks went further, finding that under Washington's Constitution, homosexuals are a so-called suspect class, groups with such immutable characteristics as race or sex that entitle them to equal protection of the law. "

Your opinions in an area you do not understand are not very...compelling. If you were well versed in con law, and understood the cases in this area, we could maybe talk- but this isn't going to be that kind of exchange. I understand you don't like the idea of them being a class- but your preferences have little to do with law.

A discussion of polygamy and the law in the Goodridge decision-

pro-polygamy.com
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