Imagine that you were a Supreme Court justice when the same-sex marriage case (Obergefell v.Hodges) was decided. How would you have voted and why? Now imagine that a case about legalizing polygamy (overturning Reynolds v. United States) comes before the court. How would you vote and why?
The Supreme Court of the United States (SCOTUS) had a case brought before them on April 28th, 2015 named Obergefell v.Hodges (Maureen-Johnston. 2017). The case was presented by groups of same-sex couples wanting to bring forward the issue of marriage equality. Their argument was the under the 14th amendment, that the ban of same-sex marriage was unconstitutional. "Obergefell v. Hodges." the 14th amendment states …show more content…
United States is a case that was brought before SCOTUS on November 13, 1878. Reynolds v. United States. The case was about anti-bigamy laws and that the law violates a person's 1st amendment right of religious freedom. Reynolds v. United States. SCOTUS decided unanimous that no, it does not since the practice of bigamy is a criminal offence, and the 1st amendment doesn't protect against criminal offences (Reynolds v. United States). The Utah Legislation website offers what the Bigamy law in Utah is
(Utah State Legislature 2017).Though, informative and showing what degree felonies it is and can be, and never answers the question of why bigamy is illegal. Digging a little deeper into the internet, I still couldn't find why bigamy is illegal. From my own conclusions i deduct that it is legally mainly because of the fraud that could happen, and the practice of under age brides that could also happen. However, my opinion is why not? If we look back to when i defined marriage in the second paragraph (Fundamentals of a marriage is taught as an accord of two people who unify the couple “sexually, cooperate economically, and may give birth to, adopt, or rear children” (Strong, B, & Cohen, T. F. 2014 Page 6). I do not see why bigamy can’t be legal. There are laws that can and are in place to protect against the fraud and child brides, which all who marry have to follow anyways. I don't see why bigamy couldn't be legal. I base my decision on the 14th amendment