All twentieth and twenty first century human rights cases owe their start to Brown v. the Board. Race and color cases led to ethnicy, alienage, sexuality and gender cases of the past 20-30 years and back again, to the founder of the feast, Brown v. the Board. Just as Catholic and Mormon and Jewish case law led the pack in the nineteenth century, see, e;.g., Reynolds v. United States, making polygamy illegal. In other words, the skunk at the garden party, i.e., the group on which we project our own fears, the projected scapegoat, makes the great law of the time.
Now, with gay rights, including marriage, almost assured de jure, with much to be done de facto, we will turn by the very nature of case law, to the polygamous and bisexual cases, just as from Brown, we went to color, alienage, ethnicity,nationality, gender and sexuality. It simply follows. Scalia saw the connectlion early on between polyggamy case law and homosexual case law. To him, this was the most hated thing he could imagine. I saw the same thing, before he did, and I applauded.
Now, consider the linkage between bisexual rights and polyggamy. With gender and sexual case law in place, i.e., no preference for male over female rights, both polygamy and bisexuality are linked and therefore acknowledged. That is, one man AND one women can choose to mate with male or female, polyganously or monogamously, at his/her choice. This will be the cutting edge of human rights for us all, in the coming decades. As was said as Utah faced statehood with a polygamist elected to the Senate, I think by Senator Albert Jeremiah Beveridge, the greatest biographer of John Marshall ever (and Lincoln, but Beveridge died befoe the last valumeJ): ” I’d rather be a polygamist who didn’t polyg than a monogamist who didn”t monog.” Horray!
I’ve been very sick for a long time and it’s good to have a brain once again ed firmage xoxo