Abstract:

For years, legal observers have warned that if the United States Supreme Court recognized a right to same-sex marriage, it would also be forced to recognize a right to polygamous marriage. After the Supreme Court decided Obergefell v. Hodges, right on cue, polygamists seized on the decision in asserting their right to marry more than one person. This Article argues that Obergefell does not actually help the polygamists’ cause. First, it shows that Obergefell defined marriage as a relationship that provides stability for individuals, couples, children, and society. Next, this Article provides a historical overview of monogamy, demonstrating that it has slowly prevailed over polygamy during the past 2,000 years because twospouse marriages strengthen families and society. This Article ultimately concludes that polygamy does not comport with Obergefell’s definition of marriage, and thus the Court should hold that there is no constitutional right to polygamous marriage.