House Republicans Rely On Polygamy Arguments Against Marriage Equality

Yesterday, the Second Circuit Court of Appeals heard arguments for Edie Windsor’s case against the Defense of Marriage Act. Buzzfeed’s Chris Geidner reports that attorney Paul Clement, who is defending DOMA on behalf of House Republicans, relied on an 1885 case in which the Supreme Court struck down Utah polygamy laws — well before women even had the right to vote. The Washington Blade’s Chris Johnson also points out that Clement continues to argue that the gay community has plenty of political power and does not deserve to be treated as a minority with “heightened scrutiny” by the court. Given the number of other DOMA challenges before the Supreme Court, Windsor’s case might not proceed until the higher court rules, or simply takes over jurisdiction of her case.