…But lay all that aside for now. I introduce the case because it forces us to focus on the logical implications of abolishing the conjugal understanding of marriage in our law and replacing it with the revisionist idea of marriage as sexual-romantic companionship or domestic partnership, all by judicial fiat. Here is where Professor Dworkin’s point about the centrality of principle to law has its significance for the cause of polyamory, at least for his fellow liberals who approve of the role assumed by the judiciary in cases such as Roe and Obergefell. Where the same principle requires it, he who says A must say B. And he who says that the judiciary has the power to dictate A must say that the judiciary has the power to dictate B, even if B doesn’t yet share A’s popularity and even if the people’s representatives in the legislature say no to B. The constitutional case for the judicial imposition of same-sex marriage requires belief that the Constitution—somewhere, somehow (perhaps lurking in “penumbras formed by emanations”)—incorporates the idea of marriage as sexual-romantic companionship. But if it does, then there can be no reason of principle for withholding legal recognition from the marriage or marriages of, say, Yemeni immigrants or fundamentalist Mormons who are in polygamous partnerships, or polyamorous people like the Youngs. To observe that 75 percent of the public still opposes legal recognition of such marriages is only to highlight the need for the courts to intervene to vindicate the marriage equality rights of those in multiple-party relationships—people who cannot count on their fellow citizens to treat like cases alike when it comes to sexual partnerships that they happen disapprove of on moral or religious grounds.
—Robert P. George, “Is Polyamory Next?“