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Lindsey Graham to Loretta Lynch: Explain Legal Difference Between Gay Marriage and Polygamy

Senator Lindsey Graham (R-SC) got down to the nitty-gritty in the Senate Judiciary confirmation hearings for Attorney General nominee Loretta Lynch, asking Eric Holder’s potential replacement to explicate the constitutional difference between gay marriage and polygamy.

“If the Supreme Court rules that same-sex marriage bans are unconstitutional, it violates the constitution for a state 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 will be in play that would prohibit polygamy?” Graham asked.

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“What’s the legal difference between a ban on same-sex marriage being unconstitutional but a ban on polygamy being constitutional? Could you try to articulate how one could be banned under the constitution and the other not?”

“Well, senator, I have not been involved in the argument or analysis of the cases that have gone before the Supreme Court,” Lynch replied. “And I’m not comfortable undertaking legal analysis without having had the ability to undertake a review of the relevant facts and the precedent there. So I certainly would not be able to provide you with that analysis at this point in time, but I look forward to continuing the discussions with you.”

Watch the video below, via CSPAN:

[Image via screengrab]

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