Dissenting opinions often claim that the sky is falling in; they like to list all the horrible consequences that will inevitably flow from the misguided views of the majority. In the case that established the constitutional right of same-sex couples to marry, Obergefell v. Hodges, the dissenters, as usual, asked the dreaded question what comes next? And one of the horrors that (they think) the case unleashed might be the legalization of polygamy. Already, at oral argument, Justice Alito raised this burning issue. And Chief Justice Roberts, in his dissent, also brought it up. Are these just wild exaggerations, or is polygamy actually next?
Joanna L. Grossman and Lawrence M. Friedman,
Is Three Still a Crowd? Polygamy and the Law After Obergefell v. Hodges Verdict
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