Polyamory, Offense, and Obergefell

12 Pages Posted: 28 Aug 2017  

Timothy R. Holbrook

Emory University School of Law

Date Written: August 24, 2017

Abstract

In his dissent in Obergefell v. Hodges, Justice Thomas suggested that comparisons between same-sex marriage and interracial marriage bans are “offensive and inaccurate.” The language of offense is striking, particularly given Justice Thomas’s otherwise respectful tone in other cases involving the rights of gay, lesbian, bisexual, transgender and queer (LGBTQ) people. It also provides an interesting juxtaposition to the Chief Justice’s dissent, which compares same-sex marriage to plural marriage. This essay explores this rhetoric of offense and suggests that these various comparisons are the result of traditional legal argumentation. Thus, the LGBTQ community should not take offense at comparisons to plural marriage.

Keywords: same sex marriage, gay marriage, obergefell, LGBT, LGBTQ, polyamory, polygamy

Suggested Citation

Holbrook, Timothy R., Polyamory, Offense, and Obergefell (August 24, 2017). Connecticut Law Review Online, Vol. 49, No. 3, 1; Emory Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3025727

Timothy Richard Holbrook (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-0353 (Phone)

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