Originally Posted by brokencycle
So because those impacted are mostly "weirdos" that are primarily concentrated in one area that makes their rights less important? How large is the gay population? 3%?
In practical terms, of course it matters. The court doesn't operate in a vacuum, public pressure and concern heavily drive what questions they're willing to address. The court isn't going to look at polygamy so long as it's only a concern for an extreme fringe of American society.
Gays aren't that large a fraction of the population, but they're all over the place. It's not an isolated issue. Anybody with a little perspective could see their own child being affected by these problems.
This doesn't change the moral correctness of the question, but again, it significantly alters the practical considerations.
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The state shouldn't be involved period. Things like divorce/custody/alimony would still be litigated over with because we don't want the birdman to lose his job. For other things like medical decisions, it would seem to me any spouse could act as power of attorney in that situation, but smart people would setup legal documents for the matter. There are similar problems in monogamous marriages today. Look at Terry Shivo or others where the courts get involved because people sue over power of attorney.
The point is any group of consenting adults should be able to go to the statehouse or court or wherever, and file paperwork that says they are some arbitrary unit and that those people have certain rights for things like inheritance, power of attorney, etc. Then we go to a flat-tax with a standard deduction and eliminate the death tax - this alone is half the argument that gay couples use.