Libertarians say marriage equality only one
step toward ending legal discrimination
WASHINGTON - While supporting steps taken over the past several years
to end the unequal treatment of gays in the area of marriage,
Libertarians say a just society is one in which no law depends on one’s
sexual identity.
“Permitting couples to marry when they are of the same gender is a step
in the direction of equality before the law, but a truly free society
would not have government in the business of defining relationships at
all,” said LP Chair Mark Hinkle. “Frankly, the idea that someone’s
legal rights should depend on whether they’ve entered a
government-approved relationship ought to be repugnant to all of us.”
Hinkle continued, “The Libertarian Party opposed the so-called Defense
of Marriage Act (DOMA) while it was being passed overwhelmingly in 1996
by a Republican Congress and signed into law by Democrat Bill Clinton
and has consistently called for its repeal in the intervening 15 years.
Because of DOMA, even same-sex couples married in states that permit it
face higher federal income taxes, gift and estate taxes, and
immigration restrictions than opposite-sex couples, and can have their
marriages effectively nullified by another state if they move to it.
“Marriage equality is not enough, however. I’ve heard some people
express concern that allowing gay marriage would send us down a
slippery slope. I hope it does. We should settle for nothing less than
a society in which the legal code is wiped clean of references to a
person’s sexual identity or depends on how many sexual partners they
have. It is disgraceful that we grant government officials the power to
even examine such things, let alone criminalize any peaceful conduct
between consenting adults or punish them with unequal marriage,
adoption, tax, or immigration laws.”
Just as Stonewall Democrats and Log Cabin Republicans have represented
LGBTQ members of those parties, Outright Libertarians (OL) represents
LGTBQ members of the LP, but with a big difference. “Our focus is on
outreach to non-Libertarians,” notes former LP National Treasurer and
current OL president James Oaksun. “Full equality before the law is
already the consensus position among Libertarians, and has been so
since the party was founded. And the party’s platform has always
embraced full equality before the law. The strength of the LP’s
commitment to full equality is a great advantage for the party in the
LGBT community.”
The Libertarian Party platform includes the following:
“1.3 Personal Relationships
Sexual orientation, preference, gender, or gender identity should have
no impact on the government’s treatment of individuals, such as in
current marriage, child custody, adoption, immigration or military
service laws. Government does not have the authority to define, license
or restrict personal relationships. Consenting adults should be free to
choose their own sexual practices and personal relationships.”
“3.5 Rights and Discrimination
We condemn bigotry as irrational and repugnant. Government should not
deny or abridge any individual’s rights based on sex, wealth, race,
color, creed, age, national origin, personal habits, political
preference or sexual orientation. Parents, or other guardians, have the
right to raise their children according to their own standards and
beliefs.”
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