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Libertarian perspectives on gay rights

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The Libertarian perspective on gay rights has been a topic of debate among libertarians, especially Americans.

Contents

1 Libertarian perspective on gay rights

2 Criticism of the libertarian perspective

3 Gay Republican and Libertarian Connection

4 Internal Debate Among Libertarians

1 LGBT Libertarians
2 Critics of The Libertarian Perspective on Gay Rights
3 Gay Republicans That Invoke Libertarian Principles

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Libertarian perspective on gay rights

A libertarian theory or perspective on lesbian, gay, bisexual, and transgendered (LGBT) rights does in fact endorse many of the goals of the gay rights movement.

Repeal of all laws regulating sexual conduct among consenting adults in private (i.e. sodomy laws) and ensuring an equal age of consent.
End discrimination based on sexual orientation in all government employment, especially in the armed forces.
Legalization of same-sex marital contracts and allow gay couples to adopt and have custody of children.
End the usage of solication or loitering laws to harrass gay people or gay owned businesses.
Ensure that a professional license is not revoked on the grounds of sexual orientation.
Equal government treatment for gay immigrants and equal government protection from true crimes such as murder, rape, theft and assualt.
Libertarians believe that the right of terminally ill people to use medical marijuana to help treat the nausea associated with cancer and AIDS medications is also an important issue for LGBT people. A gay libertarian named Peter McWilliams is often seen as a martyer to this particular cause.

This has led to the rise of some libertarian organizations for LGBT rights such as the Gays and Lesbians for Individual Libery, Libertarians for Gay and Lesbian Concerns and the Outright Libertarians.

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Criticism of the libertarian perspective

The libertarian perspective on gay rights also opposes many issues that are often supported by the gay rights movement.

Libertarians oppose any law that outlaws discrimination in the private sector based on a belief that such a law violates propery rights, religious freedom and the right of citizens to associate freely.
Libertarians oppose any hate crime law on the belief that it creates thought crimes.
Libertarians oppose public education and believe that parents have a right to raise their children based on their own moral beliefs, even if they are racist, sexist or homophobic.
Libertarians oppose government involement in health care, and thus feel that the fight against AIDS or HIV must be run by the free market.
Libertarians believe that the right of citizens to self-defense and private ownership of firearms is a important issue for LGBT people.
Libertarians support the right of private clubs and organizations, such as the Boy Scouts of America to exclude people on the basis of sexual orientation. The libertarian Gays and Lesbians for Individual Liberty filed a brief on behalf of the Boy Scouts when United States Supreme Court ruled that the Scouts could exlude gay men from their organization on the grounds of freedom of assoication.

Some advocates for gay rights feel that the libertarian perspective's opposition to civil rights legislation and emphasis on a unregulated free market would leave LGBT Americans subject to massive discrimination in terms of access to things such as education, employment, health care and housing. These advocates also feel that the government has to have a role in funding AIDS research, prevention and providing health care to people living with AIDS/HIV.

Critics also will point to the close relationship that often exists between conservative (often anti-gay) Republicans and the libertarians as evidence that libertarians are not serious about having any sort of gay rights agenda. As many more gay Republicans make arguments that invoke certain libertarian principles, many gay liberals and moderates feel that libertarians are just Republicans that like to smoke pot.

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Gay Republican and Libertarian Connection

LGBT Republicans agree with the Republican Party on issues of taxation, trade and foreign policy, and gun control. Libertarianism has provided a theoretical framework for gay Republicans to advocate a gay rights movement that they feel should be closely aligned with a belief (shared by conservatives and libertarians) in lower taxes, free markets, and limited government. Hence many gay Republicans such as Andrew Sullivan and organizations such as the Log Cabin Republicans and the Independent Gay Forum will often address gay rights from a perspective that is clearly libertarian in character and often differs from how the gay liberals and moderates view gay rights;

Gay Republicans, such as the writers at the Independent Gay Forum, endorsed the libertarain position that the Boy Scouts of America should be free to exclude gay men as scouts and scoutmasters. Gay Republicans have also endorsed the libertarian perspective in opposing hate crime legislation.

The connection is not always smooth as the more orothdox gay libertarians affiliated with the Gays and Lesbians for Individual Liberty and the Outright Libertarians accuse gay Republicans of selectively invoking a libertarian perspective in an effort to move their own party into a more socially libertarian position, and not to support the Libertarian Party or advcoate election law reforms (especially ballot access law reforms) that would help the Libertarian Party be a viable alternative to the two major political parties.

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Internal Debate Among Libertarians

On certain gay rights issues Libertarians have been unsure as to what their offical position should be and how much pressure they should put on Libertarian candidates to support these positions.

In 1992 conservative activists in Colorado got Amendment 2 on the statewide ballot that would have prohibited the local or state governemnt from passing any sort of civil rights legislation that included protection for LGBT people. As this amendment would have included the private and public sector, many Colorado libertarians were unsure what their position should be and in the end the Colorado Libertarian Party was unable to take any position on this amendment that was struck down by the United States Supreme Court in 1996.

In 2000 the Vermont Supreme Court ordered the state to provide civil unions for gay couples as an alternative to the legalization of gay marriage. The court ruling prompted the lone libertarian legislator in Vermot to side with the conservatives that made an unsuccessful attempt to impeach the justices for their ruling. The Vermont Libertarian Party endorsed civil unions and revoked their previous endorsement of the state legislator who went on to run for office as a Republican. Libertarians debate if a limited government would provide any sort of legal protection to a marriage, and if so their is a debate as to how that should apply to gay couples.

In 2001 California voters passed a ballot measure that defined marriage as a union between one man and one woman. The California Libertarian Party officially opposed the ballot initiative, but critics noted that many Libertarians running for office in California supported the ballot measure and did not get any sanctions from the state party as had happen in Vermont.

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