United Liberty

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:

Despite having no faith of my own, I am fine with those who do.  If you want to live your life according to the teachings of a holy book or religious leader, I’m fine as long as you cause me no harm. I honestly could not care less if you believe in no god or twenty, given none of those gods are telling you to hurt people. But it is a different issue entirely when you try to suggest that our laws should reflect the doctrines of your particular church.

The conservative argument against marriage equality has long been couched in talk about “harm to children” and “destroying traditional marriage”, but in reality it has always been based on a simple idea - my religion doesn’t approve of homosexuality, therefore our laws cannot condone it.  As it has become more and more apparent that same-sex marriage causes no harm whatsoever, anti-equality forces have gotten more desperate.

Take this post at the Heritage Foundation’s Foundry blog.  Ostensibly about a new marriage equality law in Illinois, the author mentions the actual law only in passing before launching in a defense of marriage buttressed only by the words of a Catholic priest (who, incidentally, had some interesting things to say when a gay pride parade was moved to pass by his church).  Does this priest have any special knowledge on the subject of marriage?  It doesn’t appear so.  His expertise clearly lies in one thing - the teachings and doctrine of his church.

For years it has been conventional wisdom that the GOP needs the votes of social conservatives to win elections.  Defined loosely, a “social conservative” is someone who has very traditional, restrictionist views on so-called “social issues” like abortion and same-sex marriage.  These voters are mostly white and evangelical Christians.  They support strong restrictions on abortion and oppose any recognition of gay couples.  In short, they are basically anti-libertarians.  As such, the moderate wing of the party has always them as a necessary but disliked coalition partner.

In recent years, though, the tide has started to turn against this strategy.  The portion of the electorate that votes strictly on social issues is shrinking.  Attitudes are changing on gay rights and, while the country tends to lean pro-life, it’s fairly clear that most voters are repulsed by the extreme views held by some pro-life polticians.  It’s clear, then, that the GOP can’t rely on anti-gay rhetoric and severe positions on abortion to win.

The call, then, naturally is coming from those who never even liked social conservatives to push this portion of the voting population to the wayside.  Some, like my colleague Jeremy Kolassa, argue that the GOP should entirely ignore social conservatives.  The thinking goes that moderating on abortion and gay rights will gather enough new votes to make it possible to live without hardline social cons.

It’s election day. We’re finally here. This grueling, seemingly non-stop campaign ends today. President Barack Obama made his last campaign stops yesterday. Mitt Romney hopes to pickup what undecided voters remain during visits to Ohio and Pennsylvania today.

Despite public polls showing a close race in swing states, though Obama has a slight advantage, Romney’s campaign says that their internal polls show him leading in Ohio and tied in Pennsylvania and Wisconsin. Writing at National Review yesterday, Jim Geraghty saw reason to hope that Romney will pull off a win tonight. And Aaron Blake surmised that the early voting numbers suggest that the race will be tight. However, Blake points out that “[i]n basically every state, Democrats’ early vote edge is between four and eight points less than it was in 2008.” That could mean trouble for Obama, especially in Colorado, Iowa, and Pennsylvania.

Election Day is November 6 and I need to decide who I’m going to support for president.

There’s the incumbent, Barack Obama. Should I give him four more years? However, the problem is, I don’t approve of the four years he has already served. His signature law is Obamacare which is a tax increase on the middle class and the government takeover of our healthcare system. Nor do I approve of his administration continuing to enact budgets that increase the national debt by $1 trillion every year he has been office. I also do not approve of his administration’s foreign policy which is an incoherent continuation of the Bush foreign policy.

I do not approve of this administration’s social policy which appears to support a nanny state to combat everything from obesity to bullying, nor am I impressed with his very recent, election change of heart on gay marriage. I am also opposed to the continued funding of Planned Parenthood, the crack down on medical marijuana in states where it is legal, and the nationalization/federalization of just about everything. I definitely will not support Barack Obama’s reelection.

Over the last couple of years, libertarians have complained about the emphasis conservatives, particularly the Rick Santorums and Mike Huckabees their movement, have placed on social issues. We’ve noted that conservatives should focus their message on issues where they can attract agreement — such as repealing ObamaCare, lessening regulation on businesses, cutting spending, and reducing taxes.

While I support same-sex marriage and have grown increasingly pro-choice within reason, the Republican National Convention was a largely a breath of fresh air from this perspective . That’s not to say that I agree with everything said on the budget, economy or foreign policy, but the discussion of social issues was relatively mild with Republicans choosing instead to place a heavy focus on the economic record of President Barack Obama.

But watching the Democratic National Convention off-and-on for a couple of days, one can’t help but notice the heavy emphasis on social issues. There is certainly a discussion and defense of President Obama’s economic record, but abortion, same-sex marriage, and labor unions been featured heavily.

Of course, this is really isn’t surprising. Democrats have tried to change the narrative at several points since the beginning of the year; usually by complaining that there is some supposed “war” being waged against a segment of the American public.

On Sunday, my wife and I went to see Refused, a Swedish hardcore band that just recently got back together after 14 years. I’m not going to be a hipster about it, so I’ll admit that I didn’t get into them until around 2000, a couple of years after the split up, after seeing the video for “New Noise.” After listening to their last record, The Shape of Punk to Come (1998, Burning Heart Records), I realized that they were very anti-capitalist, going so far as to call it a “crime.”

So while I was at the show, I wasn’t surprised to hear Dennis Lyxzén, the band’s frontman, mention their views, even though it was incredibly brief. We paid around $70 for our two tickets, another $50 for two t-shirts, and walked into the show with a full awareness of what to expect. In fact, these viewpoints are common in the style of music to which I listen. Bands like Propaghandi, NOFX, and a slew of others all express an anti-capitalist point of view, whether it’s in their lyrics or activism. As a believer in free markets, I just happen to strongly disagree.

The same could be said of Chick-Fil-A. The Atlanta-based restaurant chain has once again come under fire over its stance on a hotly debated social issue. In an interview for the Baptist Press, Dan Cathy, President of Chick-Fil-A, expressed his company’s opposition to same-sex marriage:

In a departure from previous comments, Chick-fil-A president Dan Cathy told a Baptist website that the Atlanta-based company is “guilty as charged” in its support of traditional marriage.

The recent discussion on Jim DeMint got me to thinking.  I can’t help but look around at libertarianism, and how far we’ve come in just a few short years.  We have become more a part of the political landscape than I thought we would be.  We have seen more and more activism for libertarian causes and candidates than I ever thought I would see.

And yet, we still manage to shoot ourselves in the foot.  Part of that stems from our choices of enemies and allies, and the idea that someone must be one or the other.

Take, for example, Jim DeMint.  Yes, he seems to say he likes libertarians.  He generally seems to like fiscal responsibility.  He generally seems like he wants small government.  We libertarians should love him…

…but a lot of us don’t.

You see, DeMint is not a fan of gay marriage.  He is a fan of the Defense of Marriage Act.  He also famously said that he didn’t see how you could be a fiscal conservative and not a social conservative.

Yeah, a lot of libertarians don’t like the guy.  Others, however, do.  Either is really fine with me.  I honestly don’t have an opinion on DeMint, though I have opinions on his positions. Maybe, that’s the way libertarians need to start viewing politicians from other parties.

Even though you may not like the guy, can’t we stand with him as an ally on shrinking the national debt?  We can then side with someone else on gay marriage.  We’re talking politics here, not a long-term romantic relationship.  There’s no need to be “faithful” to anyone here.

Fifteen years ago today, I married my high school sweetheart. Since the topic of marriage is at the front of my mind, I thought I’d write about an issue of double standards that surrounds the whole marriage argument. The issue of marriage is, to say the least, a very sensitive topic, and this post might end up being one of my posts that steps on some toes. You’ve been warned.

My wife and I were married in a small church in Warner Robins, Georgia. Our wedding was a ceremony committing our lives to each other before God and our friends. We had a state-issued marriage license, but Georgia’s stance on our marital stance was (and is) inconsequential. If Georgia were to revoke our marriage license and declare us single, we would still be married in the eyes of our church because our union is a religious union.

As with most things, the problem with marriage comes when government gets too involved. Since marriage is a religious partnership, the government has no place defining – or redefining – what marriage is. That is the role of the religious institution that administers the wedding; it is not the role of government.

To take it a step further, government has no right to dictate to a church who it will or will not allow to be married. It’s very similar to the issue of a church’s qualifications for pastors or priests. Some churches forbid women pastors while some allow women to serve in that capacity. Some require celibacy, while that’s not an issue for other churches. Each church enforces the qualifications according to its own doctrine, and the government – state or federal – has absolutely no business dictating behavior to a church.

With public acceptance of gay marriage at an all time high, social conservatives are feeling the pressure and are getting desperate. They are now planning to use race to their advantage, as an internal memo from the National Organization for Marriage reveals:

“The strategic goal of this project is to drive a wedge between gays and blacks — two key Democratic constituencies,” read the memo, which outlined a plan to recruit African-American spokesmen to speak out against gay marriage, then organize a media campaign around their objections.

“Provoke the gay marriage base into responding by denouncing these spokesmen and women as bigots,” the memo read. “No politician wants to take up and push an issue that splits the base of the party.”

Apparently NOM’s opposition to social progression doesn’t stop at marriage. Merely a few decades past the civil rights movement for black Americans, they are content to hark back to an era of racial division in an effort to provide a lifeline to their dying, antiquated philosophy of government-sanctioned social inequality.

Using the government to enforce your views onto others is anathema to the principle of liberty, but dividing a people by race to do so is a new level of disgusting.