[Winona Online Democracy]

Paul and others,  The problems you pose would have to be dealt with on a
case by case basis.  Someof them have already come up as a result of
complications in heterosexsual marriages.  Some of the problems seem to be
insoluable, but they are being dealt with every day in the regular Court
proceedings.  Some of them are difficult, but in my experience decisions
were made.  Some of them were appealed and decided by the Supreme Court,
thus becoming precedent.
----- Original Message ----- 
From: "Paul Double" <[EMAIL PROTECTED]>
To: "Online Democracy" <[EMAIL PROTECTED]>
Sent: Wednesday, February 11, 2004 12:22 PM
Subject: [Winona] Is it time for the discussion? Polygamy


> [Winona Online Democracy]
>
>


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Thanks for the Supreme Court ruling reference however in reading it and
other links most ruling dealt with those relationships between a man and a
woman.  What with have now is now a whole new challenge to what was
perceived to be ordinary and customary fundamental understandings of
marriage and the law being challenged.

As an example "If a bisexual person married both a man and a woman would
they be guilty of polygamy" based on prior rulings of the courts?  I don't
think so based on the direction of court rulings. If then this style of
polygamy becomes okay then does that set the stage for a reversal of prior
court rulings on the main issue of polygamy itself? As a further argument is
in not polygamous for a person to be legally married to a person and having
children with another person other than their spouse? Could this argument be
used to say things have changed and so must the courts since prosecution of
the practice is not in the cards?

In a recent TV news report a gay male couple had children with the consent
of a woman who agreed to give birth.  The other male partner now wished to
have a child by the same woman and she has agreed.  While she will be the
mother of all the children they will have different fathers. If one of the
fathers dies who gets custody?   Who has the financial obligation to raise
the children including but not limited to their healthcare? Will the
employer of any one of the three be on the hook for healthcare?

Will employers, as we move down the road of legal acceptability choose to
withdraw from healthcare for all employee family's and will they offer only
direct healthcare coverage to the employee only?   In a time of cost
containment who believes the expansion of the legal interpretations for
expanding dependent coverage will not cause some companies to back out of
healthcare for all?


Paul Double

Sent: Monday, February 09, 2004 1:58 PM

One reason polygamy could not be put into law is because the Supreme Court
in 1878 (Reynolds v. United States, 98 U.S. 145) ruled such marriages
illegal in the US.
So to make them legal, it would take either a Constitutional Amendment (try
passing that one) or a reversal by the Court.
Dean




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