Author Archives: Kevin Boyd

Sorry To Disappoint, But Getting Government Out Of Marriage Is A Fantasy

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In the wake of the Supreme Court’s decision making gay marriage legal in all 50 states, the rally cry of many libertarians and conservatives is to get government out of marriage. Presidential candidate and Kentucky Senator Rand Paul wrote an op-ed suggesting just that. While that’s a tempting proposition, it’s probably not possible without a major overhaul of everything from government benefits to nearly the entire civil and family legal code.

Let’s start on the Federal level. The Christian Science Monitor had an article that describes all the various benefits and rights that are granted as a result of marital status.

The sheer volume of benefits offered to married Americans may make it difficult for the United States to disentangle itself from the “marriage business.” In the US, there are 1,138 benefits, rights and protections granted under legal marital status, based on federal law, according to the Human Rights Campaign. Benefits of marriage extend to areas of Social Security, tax law, immigration, employee benefits for federal workers, and health coverage to name a few.

Unless we repeal or modify every single one of these programs and rights, simply eliminating marriage will create new legal nightmares.

Jason Kuznicki of the Cato Institute found that while decoupling the Federal tax code from marriage is a good idea, there are many aspects of marriage related law that serve a valuable function in a free society. Among those are:

  • Ability to sponsor spouses for immigration visas.
  • The presumption of legitimacy that make child custody matters much easier for married couples.

When you look at the state and local level, the argument for “getting government out of marriage” falls apart even more. Here are just some of the other benefits and rights that marriage provides:

  • Spousal immunity from giving testimony against each other.
  • Enrollment on a spouse’s insurance plan and other benefits.
  • Automatic right of visitation in a hospital or the right to make medical decisions as next of kin.
  • Can be held responsible for spouse’s debt.
  • Right of automatic inheritance if spouse dies.
  • The right to file joint petitions for adoption.

To get “government out of marriage” is a fantasy because it takes away an efficient way to handle civil and family matters. However, there is an alternative that libertarians and conservatives can support, which is a separation of civil and religious marriage. All references to “marriage” in the law can and should be replaced with “civil marriage.”

For legal purposes, only a civil marriage is required to access the spousal benefits and rights. That is granted by a marriage license issued by state governments and all that is simply signing a piece of paper and having it signed off on. All the state is doing is recording the marriage. It is not passing judgment on the wisdom of the ceremony. If they want an actual ceremony, they can pay more money for one.

A religious marriage is simply what it sounds like, a marriage performed by a minister or clergy and not merely signed off on by a bureaucrat. Those could be done by combining the religious ceremony and the minister signs off on it, just as done today or it can be done outside the religious ceremony.

Since it is impossible to “get government out of marriage”, libertarians and conservatives should concentrate on separating civil marriage from religious marriage.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

The Charleston Shooting Is A Reminder That Man Is Not Inherently Good

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The country is still in shock after the mass murder of nine worshippers at a African-American church in Charleston, South Carolina. The Charleston shooting shakes us at our very core because these victims were truly innocent. The shooter, a 21 year old racist punk, specifically targeted the church because it was a black church.

This monster still went through with the shooting despite the fact the people at the church were “nice” according to a media report. He went to that church intending to kill people.

Many of the usual chattering heads have speculated he was “mentally ill.” But that’s hard to believe. He rationally thought out the attack and acquired the firearms to do it. I find it hard to believe we’re dealing with a “mentally ill” person as opposed to an evil one.

Many times, we’re quick to dismiss those who commit murder and other terrible acts as “mentally ill.” As a society we literally cannot comprehend someone doing such a thing. We have forgotten that evil exists and that people are not inherently good.

As a species, we continue to think we have evolved past the mere primitive notion that violence solves issues. We believe that in this culture of lawyers, contracts, and instant communication that we have evolved past violence. That’s an absurd analysis.

A modern Germany exterminated tens of millions between 1933-45. The Balkans, before they exploded in their wars of extermination in the 1990s, were a mostly developed region. The massive oil wealth of the Middle East hasn’t stopped that region of the world from having their own religious and ethnic conflicts. If wealth and technological progress are measures of civilization, then I would hate to see what is uncivilized.

Man is a fallen creature and capable of both good and evil. It’s best to view humanity through that lens. We should be wary of attempts to make men “better.” Mass graves from France to Russia to Cambodia are a testament to that fallacy.

There are only two approaches to dealing with evil. You either deter it or you destroy it. You can deter evil by making the consequences of doing their deed so high that is not worth it. You can also destroy an evil person when they act. However, we should not kid ourselves and believe we can “eradicate” evil from the world.

This piece doesn’t have any ideas on how to end racism (short answer you won’t) or what kind of gun control could stop this (short answer not much). Instead what we can do is not be blind to the reality of man. Instead of providing ourselves with the false comfort that people are inherently good, we should open our eyes to the fact that man is capable of both great and evil deeds.

Only by acknowledging the truth in ourselves can we move forward with discussions how to prevent future atrocities like this.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

How Rand Paul’s Campaign Is Already Succeeding

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Even if Rand Paul is not elected president, he has already performed the country a great service. No, I’m not talking about the pending expiration of Section 215 of the Patriot Act. It will likely be a temporary victory at best. What Rand Paul is accomplishing is that he’s exposing some of the contradictions of the Republican Party’s establishment wing.

Establishment Republicans are the ones who like to talk about reaching out to new voters. They point out, correctly, that Republicans cannot win if they stay the party of old, white guys.

What Paul is doing is exposing the same GOP establishsment types who support every shift to the left and support every big government program in the name of “moving to the center” as frauds and liars. All Paul is simply doing is letting them go hysterical.

Take for example former New Hampshire Governor and Chief of Staff to George H.W. Bush John Sununu comments:

Once the primary is over, Sununu said it’s “stupid” for Republican voters to not back whomever wins the primary, with one exception, Sen. Rand Paul (R-KY).

 

 

Sununu said while he is tired of “stupid conservatives giving Democrats the election,” After Paul’s comments blaming Republican hawks for creating ISIS this week he now believes Paul’s national security positions are too extreme “isolationist,” and “to the left of Barack Obama.”

He added, “Frankly, I can not imagine Sen. Rand Paul (R-KY) as commander in chief.”

Here’s Fox News’s Brit Hume:

Bill Kristol also joined the parade last week calling Rand Paul a “liberal Democrat.” Kristol actually knows a thing or two about siding with liberal Democrats.

If Rand Paul accomplishes nothing else this campaign cycle, he exposed the self-described “big tent” Republicans as nothing more than a bunch of hypocrites. Most of these same guys are the ones who criticize conservatives who support primaring more moderate Republicans.

But when a Republican pushes back against issues the “big tent” crowd are passionate about, they must be driven out of the party. This is despite the fact that the American people want reforms to the Patriot Act to protect privacy and oppose giving arms to “moderate Syrian rebels.” If you’re going to take a stand and die on a hill, take a stand on issues that have popular support.

Rand Paul’s presidential campaign may yet crash and burn, but he has destroyed the credibility of “big tent” establishment Republicans.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

Yes, There Really Are Two Americas. Look At How Different The South Is

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This year marks the 150th anniversary of the end of the War Between the States. The Northern states, fighting to preserve the Union and (later) to end slavery, defeated the Southern states in a war that resulted in over 600,000 dead.

The war all but ended the concept of state soverignty as the question of secession was decided on the battlefield. The war also gave birth to concept of American nationalism as Americans began to consider themselves as American before being a citizen of their state.

However, America is probably now divided more than it has been in decades. The nation seems to be hopelessly gridlocked politically. Meanwhile, the culture wars are in full swing with social justice warriors going to war against traditionalists and libertarians. There really are two Americas.

What explains the division? I argue that culture and region probably provide the best clues to the division of America.

The Economist had an excellent article earlier this month describing how the South is still culturally different from the rest of the country. Why is that the case?

 

The dividing line is actually religion.

Religion is a better explanation of southern exceptionalism. The civil war divided most of America’s Protestant sects, says Mark Noll of the University of Notre Dame. Both the Presbyterian and Methodist churches split into northern branches, which opposed slavery, and southern branches, which did not. Even after slavery ended, theological divisions persisted. In the north, which saw mass immigration from all over the world in the decades after the war, Protestant churches had to find some accommodation with Jews, Catholics and, eventually, non-believers.

 

 

In the South the share of those born outside America (which was low to begin with) actually fell after the civil war. New migrants moved west or north but rarely south. Because of this, southern churches could hold more traditional views without challenge. Those tented revival meetings that were such a feature of southern Protestantism were not intended to win converts so much as to purify and strengthen beliefs that were already there.

 

 

The Southern Baptist movement, which is strongly associated with the “values voters” who favour the Republicans, has its origins in support for slavery. Southern Baptists have long since updated their views on race, as the many black Southern Baptist pastors attest, but the movement’s social conservatism endures. And southerners are unusually observant: Utah is the only non-southern state where church attendance is as high as in Dixie.

 

 

Southerners are also known for being fiercely individualistic. As the rest of America becomes more secular, it should be no surprise that the region still strongly believes in the Protestant work ethic and tends to be more supportive of limited government. They’re also willing to forgo a large portion of the safety net because religious charities will largely step up and fill the role.

Another interesting thing about Southern culture is how it tends to leave its mark on surrounding cultures. There are reasons why in particular heavily Catholic south Louisiana, pre-dominately Catholic Hispanics in Texas, and the Catholic Cuban-American community in Miami are more conservative than Catholics in New England and the Midwest. Those Southern values of individualism, hard work, personal responsibility and family values have rubbed off on those communities.

Here’s an interesting map from The Economist article.

Courtesy: The Economist

Courtesy: The Economist

A lot of the orange on the map corresponds to the red state/ blue state maps on presidential elections. The more secular states tend to vote Democratic while the more religious states vote Republican. The views on abortion and gay marriage also tend to align with religious viewpoints.

As you can see, America is deeply divided between a more religious and ironically more individualistic South and Midwest and the more secular coasts. Could the differences between these two Americas lead to secession and civil war? Who knows.

Now, I don’t believe you have to be religious to be moral and that all religious people are moral. But I do believe that a free society only survives when it’s populated by a moral people. The purpose of this post is not to pass judgement on anyone’s religious beliefs.

Let me close with something. We have quite a few non-religious and atheist contributors here who believe in free markets and secular values. I value them all and I’m proud to call them friends. I also know they’re the exception, rather than the rule among secularists. Most atheists generally lean to the left and conservative and libertarian atheists tend to be the exception than the norm.

Here’s an exit question: do you think many secularists replace religion with a belief in the state and social justice and that’s why they’re hostile to limited government? Let us know in the comments.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

Instead Of Giving Gay Marriage Opponents Special Rights, Get Rid Of All Anti-Discrimination Laws

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The Alabama House passed a bill on Thursday that allows judges to refuse to perform gay marriages. It passed after a four-hour debate by a vote of 69-25. More “religious protection” bills are on the way according to groups pushing this legislation.

The bill was passed to ease fears that judges and ministers would be forced to perform gay marriages if court rulings legalizing gay marriage in Alabama were upheld by the U.S. Supreme Court. This bill to be blunt is a travesty, would open the door to lawlessness by Alabama’s judges, and should be vetoed.

The first problem with this bill is that it tries to link judges performing gay marriage ceremonies with other travesties on this issue, such as requiring bakers to bake cakes for gay wedding ceremonies. There is a major moral difference between a private company refusing to offer a service and government official refusing to perform their legal duty. Judges are bound by law to serve all of their constituents and perform certain duties as described, despite their own personal feelings on the matter. One of those duties is solemnizing marriages. A judge cannot refuse to perform an interracial marriage because they personally disapprove it.

On the other hand, fining or legally punishing a private individual because they refuse to perform services for a gay wedding is immoral. In this age of Yelp and social media where customers can easily leave reviews of businesses, we need to ask ourselves if anti-discrimination laws covering the private sector are obsolete. If a business is discriminating based on gender, sexual orientation, race, or religion; it’s more easy for customers to identify those offending businesses and for people to vote accordingly with their pocketbooks. There is no need for the state to get involved and punish businesses with fines and other punishments.

If a judge cannot perform a gay marriage ceremony because they disagree with it, they should not be a judge. This is like refusing to sentence someone to jail because they object to a law. Judges do not have that discretion in criminal law and should not have that kind of discretion in marriage law.

As for ministers being forced to perform gay marriages, that’s a red herring. The First Amendment already protects the rights of ministers to refuse to perform gay marriages. The decision of churches to solemnize marriages to whom ever they want, as long as they can legally consent, is a protected religious practice. This legislation to protect them is not necessary.

The best way to solve is to divorce government from the act of solemnizing marriage. Make the only legal paperwork that has to be signed off is the marriage contract itself. Whenever a county or parish official files or signs off on a contract, they’re not passing judgment on the issue. All they’re doing is just filing legal paperwork so it can be enforced in courts. We should also look into ways into getting government out of marriage for tax purposes and other services.

All of these “religious protection bills” miss the big picture. Why should private businesses have the right to discriminate against potential customers based upon their religious beliefs and not have the right to discriminate based on other factors? Here’s another way to put it, why should gay marriage opponents have special rights?

Instead of writing “religious protection bills” to protect business owners from being bankrupted and driven out of business by government agencies for deciding who they want to serve, legislatures should consider a different approach. Every legislature should pass a bill or better yet an amendment to their state’s constitution stating this:

The right of any private business to deny service for any reason, except for emergency medical services and emergency lodging in a licensed hotel, shall not be infringed by any law.

 

 

Anti-discrimination laws, in this era of social media, are relics of the past. It’s time to make these laws history and let the marketplace punish discrimination. I don’t know about you, but I prefer to trust ordinary people than the government.

 

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.
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