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Originally Posted by Socialite
How do you think the Plaintiff's attorneys and/or the judge would response to that?
The two goats analogy is simple, since they don't have even basic human rights, nor would they ever request to be married 
However, the polygamy argument certainly should get fired up again over this. |
I think polygamy is sufficiently different. It's not a one-to-one relationship.
However it's worth thinking about this (from page 63 of the decision):
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The states have always required the parties to give their free consent to a marriage. Because slaves were considered property of others at the time, they lacked the legal capacity to consent and were thus unable to marry. After emancipation, former slaves viewed their ability to marry as one of the most important new rights they had gained.
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