I agree with Professor Harrison’s take that Obergefell doesn’t legalize polygamy but does raise the bar for how states defend its exclusion. To me, that makes sense because the heart of Obergefell was fairness in ending the exclusion of same-sex couples from an existing two-person institution while polygamy challenges the very structure of marriage itself. In the case of polygamy, there are concrete policy concerns as outlined: coercion, unequal power dynamics, and the strain on legal systems built around two-person relationships that make it fundamentally different. I believe that going forward, Courts should decide when principles like liberty or equality extend to new contexts by asking whether the exclusion is rooted in prejudice or supported by legitimate state interests. Obergefell shows that appeals to tradition or moral discomfort are not enough instead, states must point to real, demonstrable harms. The anchor for expansion, then, is fairness by protecting dignity and equal access while still allowing the state to regulate when concrete governance concerns are at stake.
I agree with Professor Harrison’s take that Obergefell doesn’t legalize polygamy but does raise the bar for how states defend its exclusion. To me, that makes sense because the heart of Obergefell was fairness in ending the exclusion of same-sex couples from an existing two-person institution while polygamy challenges the very structure of marriage itself. In the case of polygamy, there are concrete policy concerns as outlined: coercion, unequal power dynamics, and the strain on legal systems built around two-person relationships that make it fundamentally different. I believe that going forward, Courts should decide when principles like liberty or equality extend to new contexts by asking whether the exclusion is rooted in prejudice or supported by legitimate state interests. Obergefell shows that appeals to tradition or moral discomfort are not enough instead, states must point to real, demonstrable harms. The anchor for expansion, then, is fairness by protecting dignity and equal access while still allowing the state to regulate when concrete governance concerns are at stake.