If gay marriage is a constitutional right, then why shouldn't polygamy also be a constitutional right, Sen. Lindsey Graham asked Attorney General nominee Loretta Lynch during her confirmation hearing Wednesday.
"If the Supreme Court rules that same-sex marriage bans are unconstitutional — that it violates the Constitution to try to limit marriage between a man and a woman, that's clearly the law of the land unless there's a constitutional amendment to change it — what legal rationale would be in play that would prohibit polygamy?" the South Carolina Republican asked.
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"What's the legal difference between a state ban on same-sex marriage being unconstitutional but a ban on polygamy being constitutional?" he added. "Could you try to articulate how one could be banned under the Constitution and the other not?"
However, Lynch would not offer a legal analysis of the question.
"Senator, I have not been involved in the argument or the analysis of the cases that have gone before the Supreme Court," Lynch said.
"So I'm not comfortable undertaking legal analysis without having had the ability to undertake a review of the relevant facts and the precedent there," she explained.
"So I certainly would not be able to provide you with that analysis at this point, but I look forward to continuing the discussions with you," she added.
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