Here... Let me post what U.S. Solicitor General, Ted Olsen, said to Justice Sotomayor.<quoted text>
Justice brings up polygamy in Prop 8 gay marriage case
BY MATT CANHAM
THE SALT LAKE TRIBUNE
PUBLISHED: MARCH 29, 2013 11:28AM
UPDATED: MARCH 26, 2013 07:22PM
Washington • If gay marriage is legal, what about polygamy?
It’s a long-debated political question, one that surfaced in Tuesday’s Supreme Court hearing on California’s gay marriage ban, known as Proposition 8.
Justice Sonia Sotomayor brought it up while questioning former U.S. Solicitor General Ted Olson, a Republican who argued that gay marriage is an individual right and should be protected by the Constitution.
“If you say that marriage is a fundamental right, what state restrictions could ever exist?” Sotomayor asked before referencing polygamy and incest among adults.
"[P]olygamy raises questions about exploitation, abuse, patriarchy, issues with respect to taxes, inheritance, child custody — it is an entirely different thing."
"If a state prohibits polygamy," he said, "it’s prohibiting conduct. If it prohibits gay and lesbian citizens from getting married, it is prohibiting their exercise of a right based upon their status."
I think he sums it up nicely...