There was an interesting exchange between Justice Alito and Mary L. Bonauto, one of the lawyers arguing on behalf of same-sex marriage before SCOTUS. Alito asks Bonauto how polygamous unions could be denied the right of marriage in the future if SCOTUS ruled in Bonauto’s favor given that the rationale offered for legalizing same-sex marriage seems to apply to polygamous unions as well. Bonauto’s response was…well…interesting.  After shooting herself in the foot, the best she could come up with was a statement of faith that it wouldn’t happen due to some practical and legal concerns. Not very persuasive. The fact of the matter is that once you dispense with the opposite-sex prerequisite for marriage, the idea of “two and only two” no longer makes sense. The rational basis for limiting a marriage to two people is that there are two sexes, and the sexual completeness of one man and one woman.  As Robert Gagnon has written: (more…)