What if......government got out of the marriage business?
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GAY MARRIAGE IS THE CURRENT FOCUS OF THE ONGOING STRUGGLE FOR CIVIL RIGHTS
The
predominant Libertarian position on this matter is different than you
might expect. We see the problem being rooted in governmental
sanctioning of marriage. Rather than passing legislation to protect the
rights of gays to marriage, most Libertarians would advocate getting
the government out of the marriage business altogether. We would agree
with the ruling in California (recently trumped by Proposition 8--
unless it is also overturned by the Supreme Court) that says separate
is not equal. If there is a legal category called marriage available to
heterosexual couples, the same should be legally available to gay
couples.
We have seen the turmoil and anger that this has
caused on both sides. We would advocate that government no longer
recognize marriage, and that the recognition or blessing of marriage be
left to spiritual jurisdictions. Protection of jointly held property
and rights of access and medical consent could be conferred on a legal
status called civil union, which would be required for any type of
couple to obtain in order to ensure legal protection of couple's
rights. Those who wish to have their "union" blessed by a spiritual
authority and given the title marriage, or any other title, would seek
such blessing from their own faith community, which would be free to
define marriage and the criteria for blessing marital union any way
they choose.