Senator Lindsey Graham (R-SC) followed up a question about marriage equality to SCOTUS nominee Amy Coney Barrett with a question about the legality of polygamy during hearings in the Senate Judiciary Committee on Wednesday morning. Graham appeared to be drawing connections between the two.
Asked Graham: “So we talk a lot about laws legalizing same-sex marriage [the Obergefell case]. If anybody tried to change that precedent one of the things you would look at is a reliance interest that people have formed around that piece of legislation?”
“Yes,” Barrett replied.
“So, reaching a decision that the case was wrongly decided doesn’t end the debate in terms of whether or not it should be repealed. Is that correct?” asked Graham.
“That is correct,” Barrett replied.
“And there is a very rigorous process in place to overturn precedent?” Graham followed.
“There is, many factors, reliance being one,” Barrett replied.
“Is there any constitutional right to a polygamous relationship?” asked Graham.
“Um, let’s see,” Barrett answered. “That might be a question that could be litigated at, you know, polygamy obviously in many places is illegal, now, but that could be an issue somebody might litigate before the Court at some point.”
“Somebody might have made the argument it’s possible for three people to love each other, genuinely, and that would work this way with court if somebody wanted to make that argument, is that correct?” asked Graham.
“Somebody could make that argument,” Barrett replied.
Good morning! @LindseyGrahamSC just conveniently followed up a question about marriage equality with a question about polygamy.— Lambda Legal (@LambdaLegal) October 14, 2020
Can't believe we have to say this but we'd like to remind everyone that marriage equality ≠ polygamy.#SCOTUSHearings pic.twitter.com/f5kO34GCv0
Twitter erupted following the remarks.
Sadly no. He also compared sexual orientation to polygamy and being illegal.— Ragnarock_250🏳️🌈 (@250Ragnarock) October 14, 2020
The worm is off to a hateful start