Saturday, February 5, 2005

The Wild Ride to the Bottom Has Begun

Joe Carter at Evangelical Outpost informs us that New York has pushed the toboggan over the brow of the slippery slope, and the wild ride to the bottom, monotonously predicted by Viewpoint on a number of occasions (see here, for example), has commenced:

In a stunning decision handed down earlier today, a New York state court ruled that same-sex couples cannot be denied the right to marry. What is even more surprising, however, is the way in which the judgment leaves the door open for the legalization of polygamy:

"The challenges to laws banning whites and non-whites from marriage demonstrate that the fundamental right to marry the person of one's choice may not be denied based on longstanding and deeply held traditional beliefs about appropriate marital partners."

If longstanding and deeply held traditional beliefs are not enough to restrict who may marry, then it is unlikely that previously held views of marriage could be denied either. In fact, the court even opens the door for polygamy by including it as an acceptable definition of marriage:

"Defendant's historical argument is no less conclusory than amici's tautological argument that same-sex marriage is impossible, because, as a matter of definition, "marriage" means, and has always meant, the legal union of a man and a woman. Further, the premise of that argument is factually wrong; polygamy has been practiced in various places and at various times, for example, in the Territory of Utah. See Davis v. Beason, 133 US 333 (1890); Genesis 29: 21-30; Deuteronomy 21: 10-17."

Carter says he can't decide which is more ironic: "the fact that the judge uses the Bible as a reference source in making the case for same-sex marriage or that polygamists will use that wording to justify extending marital rights to their own relationships."

It won't stop with polygamy, nor can it. Once the breach is opened in the traditional definition of marriage, there is no non-arbitrary stopping point. Next up: Group marriage.