Having a discussion with Lynn Gazis-Sax about whether the current court battles over gay marriage are going to result in polygamy being validated by the courts. I say yes, she says no; her “no” is based on how difficult it would be to integrate polygamy into current law. My “yes” is based on the fact that in my view, when it comes to sexual morality and the courts, the courts will rule on the basis of emotion, not the textual language of the Constitution or the law. So we have a bet (which this post is to memorialize): I say within ten years, a state court will create a right to polygamous marriage. If I am right, Lynn will donate $100 to the Federalist Society. If I am wrong, I will donate $100 to Amnesty International. (Now I just have to add an entry to my Google calendar for ten years from now, otherwise I’ll forget.)