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Tuesday, October 4, 2022

Polyamory Exists and Must Be Recognized

Good news from New York.

The decision came in the case of West 49th St., LLC v. O’Neill, decided by New York Civil Court Judge Karen May Bacdayan, concluded that polyamorous relationships are entitled to the same sort of legal protection given to two-person relationships.

Thank you, Honorable Judge Bacdayan!

The case revolves around three individuals. Scott Anderson and Markyus O’Neill lived together in a New York City apartment. Anderson held the lease, but was married to another man, Robert Romano, who lived at another address. After Anderson died, the building’s owner contended O’Neill had no right to renew the lease since he was just a “roommate” of Anderson’s and not “a non-traditional family member.”

The court concluded that there needed to be a hearing about whether Anderson, Romano and O’Neill were in a polyamorous relationship.

Let people have the relationships and form the families to which they mutually agree.

The judge cited legislation enacted since the advent of federally recognized same sex unions. “In February 2020, the Utah legislature passed a so-called Bigamy Bill, decriminalizing the offense by downgrading it from a felony to a misdemeanor. In June [2020], Somerville, Massachusetts, passed an ordinance allowing groups of three or more people who ‘consider themselves to be a family’ to be recognized as domestic partners. The neighboring town of Cambridge followed suit, passing a broader ordinance recognizing multi-partner relationships. The law has proceeded even more rapidly in recognizing that it is possible for a child to have more than two legal parents.”

Progress. Hopefully we progress much faster.

“Why then,” posited the judge, “except for the very real possibility of implicit majoritarian animus, is the limitation of two persons inserted into the definition of a family-like relationship for the purposes of receiving the same protections from eviction accorded to legally formalized or blood relationships? Is ‘two’ a ‘code word’ for monogamy? Why does a person have to be committed to one other person in only certain prescribed ways in order to enjoy stability in housing after the departure of a loved one?”

There's no good reason to deny the validity of polyamorous relationships, nor to discriminate against them.

Our courts, legislatures, service providers, workplaces, and so many others must embrace relationship rights and full marriage equality for all. Let people have the relationships and form the families to which they mutually agree. Stop trying to force a narrow heteromonogamous paradigm onto everyone.

Let's keep making progress!
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