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The Libertarian Case Against Gay Marriage

Article by Justin Raimondo.
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The imposition of a legal framework on the intricate web of relationships that have previously existed in the realm of freedom—that is, outside the law and entirely dependent on the trust and compliance of the individuals involved—would not only be a setback for liberty but a disaster for those it supposedly benefits: gay people themselves.

Of course, we already have gay marriages. Just as heterosexual marriage, as an institution, preceded the invention of the state, so the homosexual version existed long before anyone thought to give it legal sanction. Extending the authority of the state into territory previously untouched by its tender ministrations, legalizing relationships that had developed and been found rewarding entirely without this imprimatur, would wreak havoc where harmony once prevailed. Imagine a relationship of some duration in which one partner, the breadwinner, had supported his or her partner without much thought about the economics of the matter: one had stayed home and tended the house, while the other had been in the workforce, bringing home the bacon. This division of labor had prevailed for many years, not requiring any written contract or threat of legal action to enforce its provisions.

Then, suddenly, they are legally married—or, in certain states, considered married under the common law. This changes the relationship, and not for the better. For now the property of the breadwinner is not his or her own: half of it belongs to the stay-at-home. Before when they argued, money was never an issue: now, when the going gets rough, the threat of divorce—and the specter of alimony—hangs over the relationship, and the mere possibility casts its dark shadow over what had once been a sunlit field.

If and when gay marriage comes to pass, its advocates will have a much harder time convincing their fellow homosexuals to exercise their “right” than they did in persuading the rest of the country to grant it. That’s because they have never explained—and never could explain—why it would make sense for gays to entangle themselves in a regulatory web and risk getting into legal disputes over divorce, alimony, and the division of property.

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