Monthly Archives: March 2013

Gay Marriage, Religious Rights, and Freedom of Association

(Re-post: originally posted November 23, 2008)

California’s Proposition 8, the ballot measure aiming to outlaw same sex marriage, passed on a very close vote. Prop 8’s supporters* pushed a campaign of fear, misinformation, and a complete distortion of the meaning of individual liberty. This campaign commercial is typical of the intolerance and hysteria being promoted from the “yes” campaign.

Argument #1: Churches could be forced to marry gay people.

Argument #2: Religious adoption agencies could be forced to allow gay couples to adopt children; some adoption agencies would close their doors as a result.

Argument #3: Those who speak out against gay marriage on religious grounds will be labeled “intolerant” and subjected to legal penalties or social ridicule. Careers could be threatened.

Argument #4: Schools will teach students that marriage is between “party a” and “party b” regardless of gender. Schools also teach health and sexuality and would now include discussions of homosexuality.

Argument #5: There will be “serious clashes” between public schools and parents who wish to teach their children their values concerning marriage.

Argument #6: Allowing gays to marry will restrict or eliminate liberties of “everyone.” (Example: Photographers who do not want to work at same sex weddings)

Argument #7: If Prop 8 fails, religious liberty and free speech rights will be adversely affected.

My response to these arguments is that we should be advocating for more freedom for everyone rather than restrict freedom of a group or class of people. The state should recognize the same contract rights** for a gay couple as it would between a man and a woman. To get around the whole definition of marriage issue, I would propose that as far as the state is concerned, any legally recognized intimate relationship between consenting adults should be called a “domestic partnership.” From there the churches or secular equivalent to churches should have the right to decide who they will marry and who they will not (just as they do now).

Rather than subject an individual’s rights to a vote or either party forcing their values on the other, we should instead advocate freedom of association and less government in our everyday lives. Somewhere along the way, we as a people decided that the government should involve itself more and more into the relationships of private actors. The government now has the ability to dictate to business owners quotas of who they must hire, family leave requirements, how much their employees must be paid, and how many hours they work (among other requirements). For the most part, businesses which serve the public cannot deny service to individuals for fear of a lawsuit.

A return to a freedom of association society would remedy arguments 1, 2, 6, and 7 from this ad. As to Argument #3, the anti-gay marriage folks are going to have to realize that in a free society, they are going to have to deal with “social ridicule”*** or being called intolerant. Anyone who takes a stand on any issue is going to be criticized and called names. In a freedom of association society, an employer would have every right to decide to layoff individuals who hold views or lifestyles they disagree with.

While we’re on the subject of intolerance, perhaps we should take a moment to consider if people who would deny equivalent rights which come with marriage are intolerant. This ad is exactly the same as the previous ad except that the words “same sex” and “gays” have been replaced with “interracial.”

Believe it or not, there was a time in this country when there were such laws against interracial marriage. Those who argued against interracial marriage made very similar arguments to what the anti-gay marriage people are making now. Today most of us would say those people were intolerant.

Intolerance aside, Arguments 4 and 5 can also be answered by reducing the role of government in our lives. What the “yes” people should be arguing for is a separation of school and state. While we as a nation are trending toward more government involvement in K-12 education, those who do not want the government schools to teach their children the birds and the bees or enter into discussions of homosexuality can put their children in private schools which share their values or home school. School Choice is the obvious answers to these concerns.

Prop 8’s supporters have turned the whole idea of individual liberty on its head. They claim that in order to preserve the rights of the greatest number of people a minority of people necessarily must sacrifice their rights. This is absurd and dangerous. Perhaps it is this complete misunderstanding of individual rights among Californians which contributed to Prop 8’s passage.

When explained properly, the rights of life, liberty, and property is the easiest concept to understand.

Hat Tip: The Friendly Atheist

Posted Elsewhere:

Dan Melson @ Searchlight Crusade has written a very thought provoking post on this issue. Some of his arguments I agree with, others I don’t but all of his points are well argued.

» Read more

Fossil Fuels Are Making the Planet…Greener?

When it comes to many of the issues concerning the environment, particularly global warming I’m very much in the “I don’t know” camp (though if I must pick a side, I’m skeptical about the phenomenon of anthropological global warming). Why don’t I know, after all, this is “settled science” right?

I don’t know because, sadly, I believe government involvement has compromised the scientists. Politicians want scientists to arrive at a certain result, therefore; those scientists who make claims which coincide with the politicians get the big grants. Another reason I don’t know is because I am not a scientist and I don’t even play one on TV.

That being said, there is one environmental concern that policy makers have wanted to “correct” that never made sense to me: too much CO2 gas released into the atmosphere. While I am not a scientist, I do recall learning in science class many years ago that 1.) animals and humans exhale CO2 and 2.) plants need CO2 to survive. If this is true, shouldn’t additional CO2 being released into the environment be good for the environment regardless of if the source of the emissions is from fossil fuels or anything else?

Apparently, I’m not the only person who has thought about this. In the video below, Matt Ridley explains that the increased CO2 emissions have made the planet, wait for it….greener! Literally.

This may seem counterintuitive at first but his explainations for why he says this is the case makes perfect sense to this non-scientist.

Titles Wrong, Concept’s Right



This illustrates the fundamental flaw of all authoritarian philosophies quite handily… The author titles is as “anarchy in one lesson”, but actually it’s liberty in one lesson.

This is the problem with people who consider themselves anarchists… They don’t actually understand what anarchy is (and that it is in fact one of the WORST and LEAST fee states of man).

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

This is…

…why I don’t trust people who want power:

By mid-May Steve [Heymann] was acting weird. None of his raids seemed to have turned up what he wanted. Aaron’s lawyer was talking to JSTOR, which had found him through Steve. We had contacted people to talk to JSTOR, eminent people, many of whom were shocked by what was happening. JSTOR was key to the prosecution, it was the victim, and we were winning them over. Steve had agents drop off a warrant made out to Aaron [Swartz], rather than law enforcement. It demanded the JSTOR documents, with the location for serving the warrant left blank. Aaron showed it to me, and we tried to interpret it in bewilderment. Warrants are executed by officers, not suspects. Aaron then told me Steve had threatened to get him arrested for contempt of court if he didn’t turn over JSTOR files. It was all tricks and lies, but it just seemed crazy at the time. But tricks and lies are part of prosecutions, allowed, and perhaps even encouraged, by prosecutorial immunity.

Read the whole thing.

Quote of the Day: Pye r Squared Edition

Former Liberty Papers contributor and Editor-in-Chief of United Liberty Jason Pye has been making the rounds lately speaking at FreedomWorks’ Spring Break College Summit in Washington D.C. and interviewing leaders in the liberty movement such as Cato’s David Boaz, Sen. Mike Lee, and Igor Birman.

Here’s just an excerpt from his recent speech entitled: “Standing on the Sidelines is Not an Option for the Freedom Movement”

Recently, I had dinner with a friend and we were talking about some of the issues in the freedom movement, including the resistance to those who are interested in our message. He explained that he found it odd that those who are the most likely to quote Ludwig von Mises and F.A. Hayek are the same people who face so much animosity from some people in our movement. I completely agreed with his assessment.

In his book, Capitalism and Freedom, Milton Friedman explained why economic liberty serves as the basis for a free society. From where I stand, it makes no sense for any of us to be fighting amongst ourselves when the very basis of liberty is under attack. We should have discussions along the way about ancillary issues, but we have to understand that person who disagrees with us on 10% or 20% of issues is not our enemy.

Very well said, Jason.

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