I'm looking for input on a specific side-issue to the following.
"If the Supreme Court says that you have the right to consensual (gay) sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything."
"All of those things are antithetical to a healthy, stable, traditional family," Santorum said. "And that's sort of where we are in today's world, unfortunately. It all comes from, I would argue, this right to privacy that doesn't exist, in my opinion, in the United States Constitution."
While Santorum has a point, I think he went too far overboard with his statements. First, "consensual" pretty much rules out what we think of as incest because law (and child psychology) already establish that we cannot expect children to be capable of giving meaningful consent when confronted with an adult -- especially when the adult is an authority figure. Second, I always worry when elected officials make statements *against* a right to privacy (want it reserved to people -- but save that for another day).
I see his point on this part: how can The Court determine that a state has no business violating a gay couple's privacy, but *does* have the right to violate the privacy of bigamists/polygamists? The simple argument is to say that states may not investigate ANY consensual sex, but states *do* have the right grant marriages to only consenting partners consisting of a single man plus a single woman -- which is public record and entirely outside the privacy issue (oh, and from here on, I'll lump bigamists in with polygamists).
In my mind, the above causes a problem for the very people protesting Santorum's remarks. Not only do homosexuals want bedroom privacy, they also want legal gay marriages with the same standing as currently-legal marriages
Regardless of opinions for or against non-religious Civil Unions of gay couples, I would like to hear compelling arguments that assert, "gay marriage should be legal, but not polygamy." I've already heard plenty of arguments for keeping both illegal, so there's no need to repeat those arguments here.
So far, the best argument I've heard for a distinction is the (weak) claim that while we can assume gay unions to be consensual, polygamy is too often nonconsensual, and therefore it is in the interest of the government and its citizens to allow the former but forbid the latter (as keeping polygamy illegal protects poor helpless under-educated girls).
I'd like to hear a better argument for forbidding all from marrying more than one other person, but allowing any single, consenting adult to marry any other single, consenting adult. Anyone got one?