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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.
     

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