Quote:
Originally Posted by Levin
Aren't these the type of groups the courts are supposed to protect, to act as a counterweight to majoritarian discrimination?
At least that's what I heard once in the context of striking down majoritarian laws against gay marriage.
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NO SHIT. But there are practical realities. If the exercise of liberty is considered too deviant or anti-social, if it's a matter of choice/not immutable, and if the minority advocating for it is too inconsequential and downright repulsive, it won't work. See Peyote case, which is a much tougher one than polygamy would be.
The problem is that the very people who want the lifetime appointed federal judges to act like legislators are likely the ones who would find polygamy backward and anti-woman, which it is.