Ethical non-monogamy will eventually change the way our legal system treats relationships. But we still have a long way to go with our evolving social contracts.
Washington DC area lawyer Nathaniel Maranwe recently wrote an essay exploring the legal status of polyamory.
First, the attorney stressed that this lifestyle is under no legal threat, thanks to privacy protections. Still, the courts haven’t spent much time thinking about the issue.
“there’s no risk of getting prosecuted. As long as no more than two people try to get married, what you do is your own business. It’s privacy, the same logic that struck down laws against same-sex relationships.”
However, Maranwe hopes that constitutional law will someday protect ethically non-monogamous relationships.
The lawyer argued that ethically non-monogamous relationships don’t need a new law to be “explicitly protected” the same way one’s sexual orientation.
Finally, he thinks we should look to the First Amendment for legal inspiration, specifically the legal concept of “intimate association.” Check it out:
Intimate association includes marriage, child-raising, and living with relatives, but courts have said these are examples, not a full list. A group of poly partners would have a strong case that they should be included. There aren’t many associations that are more intimate than romantic ones.
What do you think? Should poly families seek protection with a legal case focused around intimate association?