As the Supreme Court will hear oral arguments this week on both Hollingsworth v. Perry - the challenge to California’s Proposition 8, which banned gay marriage in the state - and U.S. v. Windsor - the challenge to the 1996 Defense of Marriage Act (DOMA), which recognized marriage at the federal level as between a man and a woman – state and federal laws effecting marriage equality face their first legal confrontation with the Judicial Branch. Herein I make the constitutional case for marriage equality that respects both individual and religious liberties.
Last week, Senator Rand Paul proposed removing federal recognition of marriage - for everyone – telling Bob Costa at the National Review:
Fudgeknuckles. You can never be happy with politicians as a libertarian—just when they look like they’re on the path to true limited government, free markets, and individual liberty, they come out with something stupid like this:
“I believe marriage should be between one man and one woman,” Christie said. “I wouldn’t sign a bill like the one that was in New York.”
That sound you are hearing is my head slamming into my desk at Warp Six.
I admit, I was becoming a fan of Chris Christie. The way he was socking it to the parasitical public unions in New Jersey was inspiring. Sure, he was not perfect—he probably could have cut back more in some areas—but considering political inertia, he was doing a tremendous job.
Naturally, while I’m feeling really great about this guy, he throws a social conservative curveball just to keep me a grumbling libertarian.
The article does state that he will push for civil unions in New Jersey, as if, “Well, he’s not so bad.” But it is, in fact, horrific: what Christie is saying is that he supports discrimination based on sexual orientation, a boundary that says “You are not like us, you cannot be like us, you cannot have the same rights and privileges as us.” That’s a very disturbing thought. What I don’t understand is how it meshes with the small government ethos of most conservatives. Let’s end regulation and meddling in the economy, let’s make government smaller, cheaper, and more efficient—but then try and wedge it into the bedroom?