Posted by: Chris | April 24, 2013

The Libertarian Case Against Gay Marriage

Is pretty silly:

The gay-liberation movement started as a protest against state oppression. The earliest gay-rights organizations, such as the Mattachine Society and the Daughters of Bilitis, sought to legalize homosexual activity, then illegal per se. The movement was radicalized in the 1960s over police harassment. A gay bar on New York City’s Christopher Street, known as the Stonewall, was the scene of a three-day riot provoked by a police raid. Tired of being subjected to continual assault by the boys in blue, gay people fought back—and won. At the time, gay bars were under general attack from the New York State Liquor Authority, which pulled licenses as soon as a bar’s reputation as a gay gathering place became apparent. Activists of that era concentrated their fire on the issues that really mattered to the gay person in the street: the legalization of homosexual conduct and the protection of gay institutions.

As gay activists grew older, however, and began to channel their political energy into the Democratic Party, they entered a new and more “moderate” phase. Instead of celebrating their unique identity and history, they undertook the arid quest for equality—which meant, in practice, battling “discrimination” in employment and housing, a marginal issue for most gay people—and finally taking up the crusade for gay marriage.

Instead of battling the state, they began to use the state against their perceived enemies. As it became fashionable and politically correct to be “pro-gay,” a propaganda campaign was undertaken in the public schools, epitomized by the infamous “Rainbow Curriculum” and the equally notorious tome for totsHeather Has Two Mommies. For liberals, who see the state not as Nietzsche’s “cold monster” but as a warm and caring therapist who is there to help, this was only natural. The Therapeutic State, after all, is meant to transform society into a liberal utopia where no one judges anyone and everyone listens to NPR.

These legislative efforts are largely educational: once enacted, anti-discrimination ordinances in housing, for example, are meant to show that the state is taking a side and indirectly teaching citizens a lesson—that it’s wrong to discriminate against gays. The reality on the ground, however, is a different matter: since there’s no way to know if one is being discriminated against on account of one’s presumed sexuality—and since gays have the choice not to divulge that information—it is impossible to be sure if such discrimination has occurred, short of a “No Gays Need Apply” sign on the door. Moreover, landlords, even the bigots among them, are hardly upset when a couple of gays move in, fix up the place to look like something out of House & Garden, and pay the rent on time. The homosexual agenda of today has little relevance to the way gay people actually live their lives.

Even granting various libertarian premises, I do not see how this argument holds.  One of those things is clearly not like the others.  Gay marriage (and, relatedly, DADT) involves explicitly, not implicit, discrimination and it is done by the state, which is bad, not the individual, which would be good.  Good on Lure hero Jon Rauch for civilly pointing this all out.


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