By the mid-1850s, polygamy, which had originally been the largely secret practice of the Mormon elite, had come out of the closet. Polygamists claimed that attacks on “plural marriage” were violations of their right to religious freedom. Later, some would bring lawsuits asking judges to invalidate laws against polygamy as unconstitutional. One of these cases would make it all the way to the Supreme Court. Apologists for polygamy denied that plural marriage was harmful to children, and challenged supporters of the ban on polygamy to prove that the existence of polygamous families in American society harmed their own monogamous marriages. They insisted that they merely wanted the right to be married in their own way and left alone.
But the Republicans stood their ground, refusing to be intimidated by the invective being hurled against them. They knew that polygamy and slavery were morally wrong and socially corrosive. And they were prepared to act on their moral convictions.
They weren’t as enlightened back then as they are today. Polygamy is coming back and this time it will win.
A federal judge in Utah just invalidated the criminal penalties on polygamy, citing the same reasoning as the same-sex marriage cases. Incest will have to be legalized for the same reasons at some point is my prediction.
http://www.breitbart.com/Big-Government/2013/12/14/Federal-Judge-Rules-Laws-Against-Polygamy-Unconstitutional
This was all predicted by Justice Scalia in his dissent in Lawrence v. Texas, which invalidated homosexual sodomy laws.