ABC News: Utah senators unanimously pass bill to decriminalize polygamy
Obergefell v. Hodges arguably did enough to provide at least an initial basis to overruling Reynolds v. United States on a secular basis rather than a religious right basis. I do not think that Obergefell makes it an open and shut case as many people do. While Obergefell does speak in rather broad terms about a person’s liberty interest in forming familial relations, it does not define the contours of that liberty interest. I would imagine that a state government would raise public health and social order concerns; however, the former arguably failed in Lawrence v. Texas although it was poorly raised and the latter failed in Obergefell.
Based on the current composition of the Supreme Court, I think that the advocates for polygamy do not want to give the Supreme Court another chance to define the contours of the familial relations interest.
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