Polygamy was inevitable after Obergefell.

Jonathan S. TobinMay 26, 2023

Legal Polyamory in Somerville, Massachusetts

In 2015, the U.S. Supreme Court decided the landmark case of Obergefell v. Hodges, legalizing gay marriage in all 50 states and the District of Columbia by a 5-4 vote. Justice Anthony Kennedy, who wrote the majority opinion for the case, didn’t seem to believe that the issue of polyamory could possibly be relevant or arise due to the court’s decision. Just eight years later, The New York Times published an article last week that celebrated Somerville, Massachusetts, as a haven for legal polyamory.

A Haven for Non-Monogamous Relationships

Somerville, Massachusetts, is making waves as a haven for non-monogamous relationships. The Boston suburb adopted an ordinance in 2020 granting domestic partnership rights to people in polyamorous relationships. This was followed up this spring by the passage of two more laws “extending the rights of nonmonogamous residents,” banning discrimination on the basis of “family or relationship structure” in city employment and policing. The Somerville City Council is currently considering extending the reach of that law to housing. And as The New York Times reports, the “nonmonogamous” are no longer unusual there.

A Very Queer City

Somerville is, in the words of one of its municipal councilors, “a very queer city.” And as The New York Times also makes clear, “there is a significant crossover between those who identify as lesbian, gay, bisexual, trans and pansexual and those who practice nonmonogamy, according to multiple studies.”

Popular Entertainment and Polyamory

Polyamory is becoming more mainstream, with shows like “Planet Sex with Cara Delevingne” and “Sex Diaries” featuring non-monogamous relationships. The same is true for polygamy, which was the subject of the hit HBO show “Big Love” from 2006 to 2011, and a reality show about an actual polygamous family, “Sister Wives,” which is still running after 13 seasons.

The Logical and Inevitable Consequence of Obergefell

While Justice Anthony Kennedy’s opinion in Obergefell v. Hodges championed the idea of unions being immutable and the avoidance of loneliness, arguing it would be wrong to exclude gay couples from the legal benefits of marriage, he seemed to take it for granted that no reasonable person would assume his claims would apply to any union other than that of two persons. However, the Somerville City Council begs to differ. And though the laws it has passed are antithetical to the foundational principles of Western civilization as well as the best interests of families and children, they are right to think that what they have done is the logical and inevitable consequence of Obergefell.

The Slippery Slope of Marriage Redefinition

If marriage is possible between any two individuals of the opposite or the same sex, then why not three, four, or any number of consenting adults, regardless of their sex? And if Somerville is the harbinger of a growing movement to legalize polyamorous and inevitably polygamous marriages by cities and ultimately states, then those who will defend such laws are on firm ground declaring that the logic of Obergefell demands that all non-traditional ideas about marriage must be treated equally under the law. This is the choice America made in 2015.

The Slippery Slope Argument

Many people have argued that the legalization of same-sex marriage would lead to a slippery slope of redefining marriage to include polygamy and other non-traditional forms. While this argument was dismissed by supporters of same-sex marriage, recent events in Somerville, Massachusetts, suggest that this slippery slope may be a reality.

Polygamy is still practiced in the Muslim world and is even quietly tolerated among some Muslim immigrant communities in the United States. If American law rejects traditional marriage as a valid definition, then there is no logical reason to deny it to groups of consenting men and women or persons who define themselves in some other manner.

The Destruction of Traditional Family Values

Marriage and the creation of families based on the traditional definition involving one man and one woman is part of the foundation of our civilization. The same movement that is driving events in Somerville and elsewhere aims to destroy the traditional family. In its place, they wish to elevate the nihilism of cultural Marxism. And in a nation where President Biden has declared that support for the transgender cult that targets children and families is “the civil rights issue of our time,” no one should doubt that legal polyamory and polygamy are just around the corner.

The Need to Defend Traditional Values

As politically perilous as a relitigation of Obergefell might be, reversal of that trend would require a willingness to champion traditional values about families, sex, and marriage that would call its validity into question. This wouldn’t be necessary if, as Kennedy and Saletan hoped at the time, gay marriage was the end of the debate. But it isn’t the end, and unless we are prepared to acquiesce to living in a country where practices such as polyamory and polygamy can thrive, Obergefell is the battleground on which we will ultimately be dragged by the Times and the queer city of Somerville.

Jonathan S. Tobin is a senior contributor to The Federalist, editor in chief of JNS.org, and a columnist for Newsweek. Follow him on Twitter at @jonathans_tobin.

Discover Somerville, Massachusetts

Explore the vibrant city of Somerville, Massachusetts and all it has to offer. From the bustling city center to the charming neighborhoods, there’s something for everyone in Somerville.