[Pietro]

I'll back you up and take it one step further; the elimination of God from the public square has opened up this can of worms and there is no logical libertarian arguement against gay marriage.

In fact, I believe that a libertarian interpretation of marriage law must come down on the side of gay unions having every legal right as normal marriages would.

It is on issues exactly like this where the ACLU/libertarian dictums against a higher morality, while they may sound high-minded, will actually destroy that which they hope to protect; which is a civilized and well ordered society.<P. I have long argued that libertarians are not conservatives, issues like this will illustrate quite clearly the truth of that observation.

[lentulusgracchus]

I have long argued that libertarians are not conservatives, issues like this will illustrate quite clearly the truth of that observation.

Interesting post. BTTT.

[RJCogburn]

In fact, I believe that a libertarian interpretation of marriage law must come down on the side of gay unions having every legal right as normal marriages would.

I would say that in an ideal libertarian world, the government would have no role in marriage at all.

We cannot stop people from doing what they will in this regard, but we can imagine a society in which government stays out.

[anniegetyourgun]

Agreed. If they have their way, any union (man to dog, woman to woman, 3 men and 5 women, etc.) will be considered 'marriage.' With such a relativistic worldview, imagine how many other terms (at one time understood and agreed upon by society) can be redefined as one wishes: child, adult, sex, home, church, income, law, and so many more. It is each man doing what is right in his own eyes, and a people who no longer agree on sustaining and enduring concepts. Such a moral morass can only lead to anarchy.

[Condorman]

the elimination of God from the public square has opened up this can of worms

Why are you so sure that if God were to be re-introduced to the public square, it would be YOUR God?

[OrthodoxPresbyterian]

In fact, I believe that a libertarian interpretation of marriage law must come down on the side of gay unions having every legal right as normal marriages would.

Well, then, you'd be wrong. A "libertarian interpretation of marriage law" is that there basically should not be any "marriage law".

Marriages should be pure matters of Private Covenant (contract), officiated by private Presbyters and privately witnessed by the couple's Clan and friends.

• Sorta like Abraham's marriage to Sarah.
• Sorta like Moses' marriage to Zipporah.

The county Justice of the Peace should have no role whatsoever in marriage *unless and until* there is a Breach of Contract.

The State does not, for the most part, tell businesspeople how they must structure Private Contracts (aside from disallowing fraud, etc.) and with whom they may enter into Contract; it simply punishes Contract-breakers.

Marriage Law should be essentially the same. There is no need for a "marriage certificate" in the first place; there is only a need for a Judge in case of a contract-breaking.

The beauty of removing the State from the equation is that Christian Conservatives really "win". See, most Heterosexuals would be willing to consider a private contract, witnessed by their Preacher and their families, to constitute a Marriage; but the majority of Homosexuals, on the other hand, really aren't all that interested in Contractual Monogamy -- they just want the State Marriage Certificate to wave in Jerry Falwell's face.

Take away the State Certification, and there's just no "fun" in it anymore. A homosexual is free to "Contract" with his fellow sodomite, but Jerry Falwell is just gonna say, "well, your monogamy contract is only a contract -- but an Independent Fundamental Baptist monogamy contract, now see h'yeah, that's a REAL marriage." And since the State isn't taking sides, the homosexual doesn't have the Power of Law with which to force the issue.

Unless you think that Christian Conservatives need Caesar to issue State Certifications in order for Marriage to be "real". And if you think that, may I only ask -- would you like your Mark of the Beast on your forehead, or would you prefer the right hand?