Respect For Marriage Act

Like many countries, the US needs a national "Respect For Marriage Act."

Our laws should ensure that an adult is free to marry any and all consenting adults, and have their marriages respected under the law, in courts, by schools, in hospitals, by insurance agencies, and so forth. This should be the case in every state, county, and city.

Ideally, we would adopt a Marriage Equality Amendment that supports diversity, equity, and inclusion.

There is no good reason to deny an adult, who is capable of consent, regardless of their age, race, ethnicity, national origin, religion, gender, sexual orientation, or any other personal characteristic, their rights to consent to relationships, love, sex, kink, residence, or marriage with any and all consenting adults.

Denying the polyamorous right to marry shouldn’t be part of any law. Equality “just for some” isn’t equality.

Let's support full marriage equality.

If You Get Called to Jury Duty

What should you do if you are called to jury duty and are faced with being placed on a criminal case against someone you think is being prosecuted under an unjust law, such as a law against adult unmarried cohabitation, or against polyfidelity (as Utah has had on the books), or against consanguinamory? NOTE: THIS IS A PHILOSOPHICAL ESSAY, NOT LEGAL ADVICE.


The Basics of Criminal Case Juries in the US

Here in the US, people being accused of criminal activity have a right to a trial by jury or they can go with having a judge decide their case. If they go with a jury trial, the judge pretty much acts like a referee until the jury reaches a decision. The decision will be in the hands of the jury, not the judge. The judge should give you no indication of whether they think the defendant is guilty or not.

For a criminal conviction, the jury of twelve people has to unanimously decide the person on trial is "guilty" and it is supposed to be because the prosecution proved their case for guilt "beyond a reasonable doubt." If just one person (or, up to eleven people) on the jury says "not guilty" and won't budge, the case ends in a mistrial and the prosecutor can try again with another jury. If all twelve say "not guilty" then the accused is cleared of that crime and can't be retried for the same crime for the same incident. People can appeal after they've been convicted of a crime, but their appeal usually won't get them cleared.

Celebrating Progress, Looking Forward

Ten years ago, the US Supreme Court issued their decision recognizing a nationwide right to marry.

It was a great moment and we especially congratulate everyone celebrating their ten year wedding anniversary!

Many other countries have also made progress.

We are still moving forward to the goal of full marriage equality, so that an adult will be free to marry any and all consenting adults. Letting consenting adults have the relationships to which they mutually agree, including marriage, is supported by the US Constitution and basic human rights.

Thank you to all who have contributed to advancing these rights!

No Joy in Meadville?

What really happened in Meadville, Pennsylvania?

From meadvilletribune.com...

Timothy Travis Whitman, 42, who resides in [a redacted location in] Meadville, was arraigned Monday before Magisterial District Judge Samuel Pendolino. Whitman faces a second-degree felony charge of incest for a Jan. 23 incident that Meadville Police Department said took place in [a different location in Meadville]. A preliminary hearing in the case was scheduled for Feb. 13. Whitman remains in Crawford County jail, Saegertown, in lieu of $20,000 bond.

This is from the state law...

4302.  Incest.

(a)  General rule.--Except as provided under subsection (b), a person is guilty of incest, a felony of the second degree, if that person knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood.

(b)  Incest of a minor.--A person is guilty of incest of a minor, a felony of the second degree, if that person knowingly marries, cohabits with or has sexual intercourse with a complainant who is an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood and:

(1)  is under the age of 13 years; or

(2)  is 13 to 18 years of age and the person is four or more years older than the complainant.

Where to start?

1. He is charged with 4302a, so this was with another adult.

2. He has NOT been charged with assault; there is nothing in the report or the law that implies this was anything other than consensual. If it wasn't consensual, he should be charged with assault.

3. This law appears to criminalize even LIVING together. That is blatantly unconstitutional. However, the alleged crime is said to have taken place in a different location from his residence, so it isn't about living together, unless he and someone he lived with were caught together at another location.

It sure would be nice to have clarification in the news report.

It sure would be great if states no longer enforced or even had unconstitutional laws against adults sharing sex, a residence, or marriage.

It sure would be great if the court threw out these charges. If he assaulted someone, charge him with that. If he didn't assault anyone, leave him alone!

Most lovers never have to deal with this. Very few consensual lovers are arrested, prosecuted, and imprisoned, but it does happen. People need to be careful.

Every state in the US needs relationship rights and full marriage equality.

Polyamory Exists and Must Be Recognized

Good news from New York.

From Greg Owen at lgbtqnation.com...

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!

We Still Need Full Marriage Equality

With everything that's been going on, we're late noting that June 26, 2015 was the date the U.S. Supreme Court affirmed the limited, monogamous same-sex freedom to marry nationwide. 

It was a joyous time of progress that should be remembered and celebrated. A belated Happy Anniversary to all who just marked their anniversary!

We must keep evolving towards full marriage equality, so that an adult is free to marry any and all consenting adults. We are in solidarity!

Let's keep making progress!!!

What To Do Now Regarding US Marriage and Sex Laws

Others have written much about what the Supreme Court of the United States did with the Dobbs case. The extreme basic explanation regarding law (not addressing any other realities or results) is that the US has three branches of Federal government: Executive (President), Legislative (Congress), and Judicial (Supreme Court and lower Federal courts) and a Constitution that is supposed to be the highest law. There are also the governments of the 50 states, each having their own three branches and set of laws for their state, all supposedly subject to the Constitution. (In addition to State governments, there are also governments for indigenous peoples, and territories like Puerto Rico, and other non-State areas like Washington, D.C., etc.) The Supreme Court ruled, in contradiction to earlier rulings and thus overturning those earlier rulings, that the Constitution doesn't require it to prevent states from having their own laws regarding abortion. The result as far as laws go is that California can have laws saying abortion won't be restricted and Texas can have laws banning abortions. Each state will have their own laws. Unless the Congress passes a law for the entire country. That's a very simplified version of what happened.

One of the members of the nine-person Supreme Court, Clarence Thomas, issued his own opinion agreeing with the majority decision. From that opinion...

The Red Button

TRIGGER WARNING: Parts of this entry will deal with SA.

Replacing Justice Breyer on the US Supreme Court

Supreme Court Justice Stephen Breyer helped moved things in the right direction, towards equality. He will be retiring from the Court and will need to be replaced.

What we need is for President Biden to name, and for Congress to affirm, a new Justice who will continue to move things in the US towards full marriage equality.

There may be laws on the books that need to be overturned or removed. It is ridiculous that there is still discrimination not only permitted by law, but enshrined in law, against consenting adults simply because they love each other. The basic freedom of association that allows consenting adults to love each other how they mutually agree has been restricted by various unjust and unconstitutional laws throughout history. Although some of these restrictions have been removed by the Supreme Court in prior decisions, even those remain in some state codes or statutes due to legislative inertia or as mean-spirit statements or even in the hopes of a reversal by a subsequent Court ruling. It is clear that momentum is on the side of civil rights and has been for a long time. We must move forward in securing the rights of all adults.

Pennsylvania Must Bring Laws in Line With the Constitution

According to a paywalled story found here, a man charged for "incest" for having consensual (to be redundant) sex with another adult is challenging the Constitutionality of Pennsylvania's unjust, outrageous, and, yes, unconstitutional laws denying basic human and civil rights. Of course we wish this man well in fighting for civil rights and bringing the laws in line with the Constitution. Pennsylvania should be ashamed of having such terrible laws in place.

I found this related article from msn.com back on what was Independence Day, which is supposed to be a celebration of life, liberty, and happiness. Those are what are being denied to the consanguinamorous.

A brother and sister in their 30’s in Beaver County are being charged with incest after a relationship between the two was revealed.

Who was the victim of this "crime?"

According to the Beaver County Times, the two, half-siblings, both of Freedom, are being charged after police were told of the sexual relationship, which included the two having a child together.

Emphases mine.

DO NOT TELL THE POLICE!!! IT IS NONE OF THEIR BUSINESS!!!

We know that child is healthy, as most children born to these relationships are.. Otherwise, the article would have mentioned the child's health.

While police were investigating a reported physical assault at the home the two share, the woman told police the two had a child together.

Self-incrimination. DON'T MAKE THAT MISTAKE!

Police were also told that other family members knew of the relationship and the child.

Isn't it normal for family to know these things? Family should be supportive.

The Beaver County Times reports that the woman in the relationship had posted bail, while the man remains in jail on incest charges as well as simple assault and harassment charges.

If he has committed real crimes, try him on those. Sex with another adult shouldn't be crime. Families should not be broken up over it. Children should not lose their parents over it.

Being half-siblings (they share a biological father), this could be a reunion GSA case. Whether it is or not shouldn't matter to the law. Sex should not be a crime. These are consenting adults. The Conway Borough Police Department should only concern itself with crimes in which there are victims.

Pennsylvania and every other US state must drop unjust laws that prevent consenting adults from sharing love, sex, residence, kink, partnership, and marriage how they mutually agree. There is no good reason to arrest, prosecute, and incarcerate people for being consanguinamorous.

New Zealand Still Prosecuting Consenting Adults

In what must be a national embarrassment and perhaps a disgrace, consenting adults are still being prosecuted in New Zealand for having sex. 

You read that right: Criminally prosecuted for having sex.

Coverage of this outrage was provided by nzherald.co.nz...

A Hastings woman in her 30s has pleaded guilty to committing incest with her brother.

This wasn't an assault. It was sex. Why is this a criminal matter???

An Open Letter to Legislators

This letter is focused on legislators in the US, but may be adaptable to legislators and legislatures in other countries. In the United States, most "sex police" laws and laws applying to marriage, civil unions, and domestic partnerships are set at the state level, by state legislatures. For example, the laws in New Jersey are different from the laws in New York, Texas, Florida, and California. There are some laws set by Congress that apply to indigenous peoples living on "reservations," to US territories, and to military personnel. Whether you're a Senator, Representative, Assemblymember, or some other legislator, this letter is for you.


Dear Legislator:

There may be laws on the books in your jurisdiction that need to be cleaned up or removed. The basic freedom of association that allows consenting adults to love each other how they mutually agree has been restricted by various unjust and unconstitutional laws throughout history. Although some of these restrictions have been removed by the Supreme Court of the United States, even those may still remain in your state codes or statutes due to legislative inertia or as mean-spirit statements or even in the hopes of a reversal by a subsequent Court ruling. It is clear that momentum is on the side of civil rights and has been for a long time. We must move forward in securing the rights of all adults.


It would be wonderful if your state constitution could be amended with the following:

The right to marry or to personal consortium shall not be abridged or denied by this state on account of sex, gender, sexual orientation, race, ethnicity, ancestry, consanguinity, affinity, or number of participants.

We understand that a constitutional amendment may not be possible given current political situations. If that is the case in your jurisdiction, please introduce and support legislation that will be adopted that will repeal or override any past statutes that are remnants of discrimination and denial of rights. There should be no laws left on the books in your jurisdiction that criminalize or discriminate against any of the following:

• autoeroticism or masturbation
• interracial affection, sex, relationships, cohabitation, or marriages
• same-sex and same-gender affection, sex, relationships, cohabitation, or marriages
• nonmonogamous affection, sex, relationships, cohabitation, or marriages
• open relationships and open marriages
• consanguineous affection, sex, relationships, cohabitation, or marriages
• asexual or aromantic relationships, cohabitation, and marriages
• casual sex between two or more consenting adults 
• BDSM between consenting adults
• selling, buying, giving, owning, or using adult/sex toys, devices, aids
• observing, with their consent, consenting adults engaging in affection, sex, or BDSM 
• creating, possessing, or viewing photographic and video recordings of consenting adults nude or in sexual or autoerotic situations
• unmarried cohabitation, whether temporary or permanent, between two or more consenting adults
• marriage, civil unions, or domestic partnerships between two or more consenting adults
• physical affection, "sodomy," or sexual acts between two or more consenting adults
• sex therapy
  

***TRIGGER WARNING FOR SA***

We Still Need Full Marriage Equality

On this day in 2015, the U.S. Supreme Court affirmed the limited, monogamous same-sex freedom to marry nationwide. 

It was a joyous time of progress that should be remembered and celebrated. Happy Anniversary to all who have theirs today!

We must keep evolving towards full marriage equality, so that an adult is free to marry any and all consenting adults. We are in solidarity!

Let's keep making progress!!!

An Open Letter to Officers of the Court in the US

If you are in the US and you are a judge at any level, or an attorney-at-law (whether a prosecutor, criminal defense attorney, civil law attorney), or even facing jury duty, this message is for you.

You are needed to help bring about justice.

There may be laws on the books in your jurisdiction that need to be overturned or removed. It is ridiculous that there is still discrimination not only permitted by law, but enshrined in law, against consenting adults simply because they love each other. The basic freedom of association that allows consenting adults to love each other how they mutually agree has been restricted by various unjust and unconstitutional laws throughout history. Although some of these restrictions have been removed by the Supreme Court of the United States, even those may still remain in your state codes or statutes due to legislative inertia or as mean-spirit statements or even in the hopes of a reversal by a subsequent Court ruling. It is clear that momentum is on the side of civil rights and has been for a long time. We must move forward in securing the rights of all adults.

New York and Every State Needs Full Marriage Equality

I'm seeing a lot of attention for this article from nypost.com, written by Kathianne Boniello...

A New Yorker who wants to marry their own adult offspring is suing to overturn laws barring the incestuous practice, calling it a matter of “individual autonomy.”

Good. Either we have a right to marry, or we don't. Most people support the right to marry. We certainly do!

Full marriage equality is needed NOW!

Happy Loving Day

June 12 is Loving Day! We celebrate the Loving family, and the victory of Loving v. Virginia, which helped advance civil rights in general and the freedom to marry.

Let's keep moving forward to full marriage equality so that an adult is free to marry any and all consenting adults!

Polyamory Day

Polyamory is form of ethical nonmonogamy that itself can be lived out in many different ways. Saturday, November 23 is being observed as Polyamory Day.

On that day in 2011, BC’s Supreme Court ruled that Canada’s so called “anti-polygamy law” does not apply to unformalized polyamorous households – clarifying that polyamory, as it is typically practiced in Canada, is legal and not a criminal act. 

Prior to November, 23, 2011, it was questionable if polyamory was legal in Canada.

An adult should be free to share love, sex, residence, and marriage (and any of those things without the others) with any and all consenting adults without fear of prosecution, bullying, or discrimination.

It’s Not True That New Jersey Siblings Won Marriage Rights in Court

There are a "news report" recently that appears to be satirical, that said a brother and sister in the US state of New Jersey had won a Supreme Court decision allowing them to marry. Here's an example.

Unfortunately, it isn't true. 

It's outrageous that any consenting adults would be denied such a basic freedom as their right to marry. There are countless siblings who wish the news was real, but are cruelly forced into the closet.

It doesn't matter if other people think it is strange, or disgusting, or it is against their religion. They don't have to do it. Consenting adults, under equal protection of the law, should be free to have the relationships to which they mutually agree. 

Full marriage equality is needed sooner rather than later.

Help make the fake news real.

Ecuador Advances!

Good news! Ecuador is making progress.

Let's keep moving forward so that in every country, an adult will be free to marry any and all consenting adults!

Happy Loving Day

June 12 is Loving Day! We celebrate the Loving family, and the victory of Loving v. Virginia, which helped advance civil rights in general and the freedom to marry.

Let's keep moving forward to full marriage equality so that an adult is free to marry any and all consenting adults!