Comment Re: How is this news for nerds? (Score 1) 1083
Sure. Perhaps you've heard of bigamy? Alice can't marry Carol because Bob already has a vested marital interest with Alice. For example, if Alice marries Carol and dies, Carol is entitled to 100% of her assets as spouse. But so is Bob.
It's also not a fundamental right, as polygamy is not part of the traditions and collective conscience of society, except for Mormons.
Marriage is a fundamental right and is extremely broad. Restrictions on marriage, such as requiring the spouses to be of opposite genders, or of the same race, or of the same religion, or of compatible castes, etc. are not inherently part of marriage and are certainly not part of the fundamental right of marriage.
And yet, none of that addresses the number of spouses and the issue noted above.
Also, today's events make it clear that tradition is irrelevant; polygamy is practiced today among many groups, and has a long history back into antiquity. Same sex marriage was known in the past but was far more rare.
On the contrary, tradition is absolutely relevant as to whether something is a fundamental right. Marriage is a fundamental right because it's enshrined in our traditions and collective conscience. The fact that it has other traditions associated with it - the bride wears white, or Justice Thomas can't marry his wife because she's white - are irrelevant to whether the right to marry itself is fundamental.
Polygamy does not have such a place in our traditions or collective conscience, and therefore is not a fundamental right. So, instead, you'd have to fit it into the existing umbrella of marriage, and, as noted above, there's no equal protection argument for polygamy, unlike for interracial or same-sex marriage.