Over the last few days I pulled out several legal texts to read again over various ideas and I think there might be a way to legally argue and overturn (not establish) the laws that forbid polygyny. If so this would give all people the right to assemble as they see fit and for the assembly itself or the people in the assembly the right to call it whatever they so desire.
Of course if this route were to be followed it would give any person the right to form their own family however they agree to do it so long as it was done peacefully. But this would then be an inclusive approach not an exclusive approach, which seems to fit better with the 1st Amendment purpose. I’m not sure if anyone has tried this approach or not (if so I’ve not seen or heard of it).
In many cases people have focused on only one part of the 1st Amendment clause. Normally the focus has been: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Then they argue that polygyny is a religious issue.
But the "marriage idea" has been ruled to be more of a civil (whole societal) issue than a religious one since all people in general marry regardless of their religous status. Thus these arguments, though with some real weight, don’t seem to have the amount of weight as we would like for them to have. Furthermore, those who go this route often go too far and argue that we need to make laws giving the permission to marry when marriage is not a permission issue but an innate right that people are born with (even though they have to physically mature to be able to mate).
But there are two other clauses that are in the 1st Amendment. This Amendment also says: "the right of the people peaceably to assemble."
In reading my legal texts I have discovered that this phrase is not directly the same as the next phrase which says: "and to petition the Government for a redress of grievances." In my mind I’ve always though…
Keywords: [tag]people[/tag], [tag]laws[/tag], [tag]right[/tag], [tag]assemble[/tag]
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