Stan Cave's Greatest Hits: Can you have SSM without polygamy?
There is no legal net with holes small enough to prevent polygamy from getting through and yet large enough to allow for the free passage of same-sex marriage. You're stuck with both or neither. In this excerpt from Stan Cave's Supreme Court amicus brief, he points this out:
In Windsor it was the definition of marriage in the Defense of Marriage Act of 1996 (DOMA) which was at issue. Windsor, 133 S.Ct. at p. 2683. In a larger sense, under a love and commitment standard advocated by the claimants, if the definition of marriage is federalized, States will also be required to recognize polygamous or polyamorous marriages among adults who claim to be in loving and committed relationships.
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