Sen. Lindsey Graham (R-SC) raised eyebrows by asking Amy Coney Barrett whether a constitutional right to polygamy existed.
President Donald Trump's nominee to replace Ruth Bader Ginsburg refused to give her opinion on same-sex marriage and other legal topics throughout her confirmation hearings, but she gave her opinion on polygamous relationships.
"Let's see," she said. "That might be a question that could be litigated at, you know -- polygamy obviously in many places is illegal now, but that could be an issue somebody might litigate before the court at some point."
Graham wove an example of such a litigious argument for Barrett to comment on.
"Somebody might make the argument it's possible for three people to love each other genuinely," Graham said, "and that would work its way to the court if somebody wanted to make that argument, is that correct?"
"Yes, somebody could make that argument," Barrett agreed.
Many observers noticed that Barrett and Graham seemed to be comparing same-sex partnerships to polygamous relationships.
Did #LindseyGrahamIsLosing just equate polygamy to gay marriage?— Joe Haak (@Joe Haak)1602681731.0
@kristinsauter Sadly no. He also compared sexual orientation to polygamy and being illegal. The worm is off to a hateful start— Ragnarock_250🏳️🌈 (@Ragnarock_250🏳️🌈)1602681726.0
Same sex marriage was just brought up in the same breath at polygamy then likened to polyamory. They're coming for… https://t.co/91qGQL1Yjj— Missy💚💙Nasty Woman (@Missy💚💙Nasty Woman)1602681711.0
#LadyG, don’t pretend like you can’t remember the name of the same-sex marriage case (#Obergefell) and drawing thes… https://t.co/Z74Et3ihk9— Taylor Largmann 🏳️🌈 🌹 (@Taylor Largmann 🏳️🌈 🌹)1602681672.0
Lindsey Graham just compared same-sex marriage w/ polygamy as a hypothetical - so there’s that.— cindy caponera (@cindy caponera)1602681671.0
Wait so Amy Coney Barrett could speak to whether polygamy is legal but couldn't tell us if the President can legall… https://t.co/AjPAN5hoox— Adrienne Lawrence (@Adrienne Lawrence)1602681663.0
Did Lindsey Graham just compare homosexuality to polygamy, using the "slippery slope" argument?— Lou "not the kind of wave you can surf" Savastani (@Lou "not the kind of wave you can surf" Savastani)1602681643.0
@realDonaldTrump apparently Barrett does not know that the Supreme Court ruled in 1879 that laws outlawing polygamy… https://t.co/Lt1M4RU51x— gnomedeplume3.0 (@gnomedeplume3.0)1602681627.0