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Who Owns You?

in Communicating Liberty, Conversations With My Boys, Liberator Online by The Libertarian Homeschooler Comments are off

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Me: Who owns you?
Baby Anarchist (10): Me. I own me.
Me: Can someone else sell you?Who Owns You?
BA: No.
Me: Why not?
BA: A living person is his own property.
Me: Can someone else rightfully take away your life if you are being peaceful?
BA: There’s no rightful way to encroach on a peaceful person.
Me: Can someone else rightfully stop you from peacefully owning your rightfully acquired property?
BA: No. No one can stop you from keeping the thing you have peacefully gotten. If you’ve earned it, traded for it, been given it as a gift, it’s yours.
Me: Can someone else rightfully stop you from making a peaceful contract with another person?
BA: Nope. You’re peacefully doing it. It’s not hurting anyone. There’s no reason they should stop you.
Me: So no one is allowed to take away your right to make contracts?
BA: No one is allowed to take away your right to make contracts. You own you. No one can take away your right to enter into contracts.
Me: Did you know that years ago it was illegal for black persons to enter into marriage contracts with white persons?
BA: During slavery?
Me: After slavery. When they acknowledged that people were not the property of other people.
BA: That doesn’t make sense. If you are your own property then you can enter into contracts.
Me: If someone else can stop you from entering into a contract what does that make you?
YS (14): A slave.
Me: Is yesterday’s decision (2015 Supreme Court decision regarding marriage equality) about love, son?
YS: it’s about self ownership.
Me: Why did it have to be couched as a decision about love?
YS: Because people won’t respond to self ownership.
Me: Why don’t they want to hear that they don’t have self ownership?
YS: It’s complicated and bad.
Me: Love is nicer but the reality is people who own themselves are not denied the right to enter into peaceful contracts that don’t encroach on others.

The Supreme Court’s Gay Marriage Decision was Completely Avoidable

in Liberator Online, Marriage and Family, News You Can Use by Jackson Jones Comments are off

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

On Friday, the Supreme Court issued an opinion in Obergefell v. Hodges, holding that the Equal Protection Clause of the Fourteenth Amendment requires states to license marriages between two people of the same sex.

wedding couplesMost expected at least a narrow ruling in favor of same-sex couples that would require states with prohibit same-sex marriage to recognize same-sex marriages conducted in other states. If a same-sex couple had gotten married in Massachusetts, for example, Georgia, which had one of the strongest bans on same-sex marriage by even refusing to recognize civil unions, would have been required to recognize the license, though still allowed to deny in-state licenses for same-sex marriages.

The logic behind this is because during oral arguments back in April, Justice Anthony Kennedy expressed concerns about extending marriage rights to same-sex couples because the definition of marriage – between one man and one woman – “has been with us for millennia.”

Still, Kennedy, who authored the majority opinions in Windsor (2013) and Lawrence (2003), has been seen as one of the Court’s biggest proponents of “gay rights.” So his opinion isn’t exactly a surprise, per se, though his dissent in Hollingsworth (2013) was a defense of voter-driven ballot initiatives, specifically California’s same-sex marriage ban, Proposition 8. The majority on the Court held that the plaintiffs didn’t have standing to defend the initiative in the absence of the State of California, which refused to do so.

“In the end, what the Court fails to grasp or accept is the basic premise of the initiative process. And it is this. The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around,” Kennedy wrote in his dissent, which was joined by Justices Clarence Thomas, Samuel Alito, and Sonia Sotomayor. “Freedom resides first in the people without need of a grant from government.”

Nevertheless, Kennedy, whose opinion in Windsor laid the groundwork for Obergefell, made the connection that the Equal Protection Clause of the Fourteenth Amendment requires states to license same-sex marriages, despite states having voter-approved constitutional amendments or ballot measures prohibiting the practice.

“It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality. Here the marriage laws enforced by the respondents are in essence unequal: same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right,” Kennedy wrote in Obergefell. “The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry.”

Commentators, while philosophically correct, have criticized Kennedy’s opinion. Writing at The New Republic, Brian Beutler, a leftist journalist, called the opinion “a logical disaster.” Similarly, Ilya Somin, a law professor at George Mason University who contributes to the libertarian-leaning Volokh Conspiracy, called the outcome “a great result, but based on dubious reasoning.”

“Ultimately, Kennedy does not clearly conclude that either the Due Process Clause or the Equal Protection Clause by itself creates a right to same-sex marriage,” Somin explained. “Rather, his claim is that the combination of the two somehow generates that result, even if neither can do so alone.”

“If a sufficiently important right (Due Process Clause) is denied for discriminatory reasons (Equal Protection), then the Fourteenth Amendment has been violated. However, both the criteria for what makes the right important enough, and the criteria for proving discrimination seem extremely vague. Thus, it is difficult to tell what – if, indeed, any – implications this ruling will have for future cases,” he added.

Somin, by the way, co-authored a brief to the Supreme Court urging justices to strike down state same-sex marriage bans.

The reaction to the ruling, as some might expect, has been predictable. Opponents of same-sex marriage (now accurately called “marriage,” without the qualifier) are calling for a constitutional amendment to define marriage as one man and one woman. Others, including many conservatives and libertarians, have wondered aloud about any government involvement in marriage.

“For thousands of years, marriage flourished without a universal definition and without government intervention. Then came licensing of marriage,” wrote Rep. Justin Amash, R-Mich.) in a Facebook post on Friday. “In recent decades, we’ve seen state legislatures and ballot initiatives define marriage, putting government improperly at the helm of this sacred institution.”

“Those who care about liberty should not be satisfied with the current situation. Government intervention in marriage presents new threats to religious freedom and provides no advantages, for gay or straight couples, over unlicensed (i.e., traditional) marriage,” he continued, adding “we shouldn’t blame the Supreme Court for where things stand.”

Amash’s words are sobering, and perhaps he’s correct. Maybe government shouldn’t be involved in the marriage business. If only Republicans had realized that in 2004 rather than further meddling in people’s personal lives for political gain.

New Poll: Millions of Voters Say They’re Libertarian

in Liberator Online by James W. Harris Comments are off

(From the Activist Ammunition section in Volume 20, No. 15 of the Liberator Online. Subscribe here!)

A new poll from YouGov brings exciting and unprecedented news for libertarians. Millenial Poll - Libertarian

Asked “Would you describe yourself as a libertarian or not?” fully one in five of likely millennial (ages 18-29) voters said yes — thus self-describing themselves as libertarians.

YouGov found that young Americans are more likely than any other age group to accept the label libertarian — great news for a growing political movement. And there is room for this figure to grow significantly as libertarian ideas spread, because, in addition to the 20% who self-identify as libertarians, another 42% said they were “not sure.” Only 39% rejected the label.

Among older voters, 17% of 30- to 44-year-olds, 15% of 45- to 64-year-olds and 9% of those 65 and older say that the word “libertarian” described their views.

More great news: a majority Americans are, broadly, embracing libertarian ideas of limiting government. Fully 51% say they want to shrink the size of government. A whopping 30% of Americans even agree with the radical libertarian statement that “Taxation is theft.” (It probably didn’t hurt that the poll was conducted April 8-9 — a week before Tax Day.)

But what is most remarkable about the YouGov poll is that it has found so many millions of voters who accept the libertarian “brand” as a label for their political views — something inconceivable just a few years ago.

Nor are these self-described libertarians tied to either of the two older political parties. The libertarian vote is up for grabs to the candidate or party that appeals most to it. Writes YouGov: “There is little difference between partisans when it comes to identifying as libertarians. Republicans (13%) are essentially no more likely than Democrats (12%) to identify as libertarian, while 19% of Independents describe themselves as libertarian.”

Notes Reason.com’s Nick Gillespie: “Let’s be clear about a couple of things: First, the fact that YouGov and other groups are hunting down the number of libertarians afoot — Pew even went ‘In Search of Libertarians’ just last year — is itself a sign that something new and different is happening. When you start touting up the way many things are breaking in a libertarian direction — the energy surrounding Ron Paul in 2008 and 2012, majority acceptance of pot legalization and gay marriage, serious efforts at criminal justice reform, plummeting numbers for faith in government, the rise of school choice, embrace of a sharing economy that routes around old-style regulation, general acceptance of free trade and free speech as positive values, and much more — it’s fair to call attention to what we’ve dubbed here as ‘The Libertarian Moment.’”

For more excellent commentary on the YouGov poll see “Millennials Are More Likely to Identify as Libertarians” by Robby Soave, Reason.com.

World’s Smallest Political Quiz and OPH Recruit New Libertarians at CPAC

in Liberator Online by Sharon Harris Comments are off

(From the President’s Corner section in Volume 20, No. 9 of the Liberator Online. Subscribe here!)

CPAC — the Conservative Political Action Committee — is the nation’s largest annual gathering of conservative activists and office holders. In recent years it has featured a strong and growing contingent of young libertarian activists among the attendees. This year’s CPAC was February 26-28 in Washington, DC.

As in past years the Advocates’ World’s Smallest Political Quiz and Operation Politically Homeless (OPH) were prominent at CPAC, too. Videos from the Washington Post and Reason TV briefly captured OPH in action — highlighting the visual appeal and the effectiveness of this legendary outreach tool.

Last year the Daily Beast reported that a booth by Generation Opportunity and Young Americans for Liberty (YAL) featuring the Quiz and OPH was “the one consistently drawing the biggest crowds.”

This year Libertarians were once again all over CPAC. One of the highlights of each CPAC is the presidential straw poll at each CPAC, widely viewed as a barometer of activist sentiment within the party. Libertarian-friendly Sen. Rand Paul won this year’s presidential poll — his third victory in a row — with 25.7 percent of the 3,007 total votes cast.

According to The Polling Company, 42 percent of the voters were students and a plurality of voters were between the ages of 18 and 25 — another sign of the strong and fast-growing libertarian sentiment among young GOP activists. (See this article on the growing generational split within the GOP on issues like marijuana re-legalization and marriage choice.)
Gary Johnson at CPAC
The Libertarian Party was there, as was 2012 Libertarian Party presidential candidate Gary Johnson. A video from a panel discussion in which Johnson mocked Reefer Madness-style marijuana propaganda quickly spread around the Web. Students For Liberty (SFL) and Young Americans for Liberty were among other libertarian and liberty-minded organizations there.

In fact, libertarianism is getting so popular at CPAC that even people who plainly are not libertarians are trying to claim they are. Perhaps the most surreal moment of the entire conference was the startling proclamation by former NSA head, former CIA head, and current surveillance state and torture apologist Michael Hayden, who stunned a debate audience by declaring “I’m an unrelenting libertarian…” which had many in the audience laughing out loud in disbelief, and one person shouting loudly, “No you’re not!”

OPH: Campus Groups Get it FREE 

COPHSpeaking of OPH and young activists… In the past few years the Advocates has given — completely free of charge — over 1,000 OPH booth kits to libertarian campus organizations across America. These kits have reached tens of thousands of students with the ideas of liberty, and they will continue to do so for years to come.

OPH is a fantastic way to turn an ordinary, dull outreach table into a crowd-drawing fun event! From the very first time the Advocates introduced OPH, some 25 years ago, users have told us over and over again that OPH brings their outreach booth and tabling efforts alive.

OPH makes it easy and fun to discover libertarian-leaning individuals and sign up new members and supporters — new libertarian activists who will work in college and after graduation to bring liberty to all Americans. OPH consistently makes a booth the most active, the most talked about, the most fascinating, at any event.

Did I mention we’re giving OPH kits FREE to libertarian student groups?

Student groups: Learn more about OPH — and how you can get your FREE OPH kit — if you haven’t already — here.

Pew Poll: Young Republicans and Democrats Overwhelmingly Support Re-Legalizing Marijuana

in Liberator Online by James W. Harris Comments are off

(From the Activist Ammunition section in Volume 20, No. 9 of the Liberator Online. Subscribe here!)

A new Pew poll shows a solid majority of Americans — 52% — continues to support re-legalizing Marijuana Re-Legalization Generational marijuana. The poll also shows a major split between older “Reefer Madness”-thinking Republicans and more libertarian-inclined GOP Millennials (those born between 1981 and 1996).

Young Americans support re-legalization overwhelmingly, and they are driving this issue. Fully 69% of Millennials surveyed favor making the use of marijuana legal.

The split between young and old is particularly striking in the Republican Party. Fully 63% of GOP Millennials say the use of marijuana should be made legal. That level of support is higher than that found among Republican Generation Xers (47%) and Baby Boomers (38%), and much higher than among GOP members of the Silent Generation (17%). (Pew defines Generation X as those born between 1965-1980; Baby Boomers, 1946-1964; the Silent Generation, 1928-1945.)

As Pew notes: “the age gap is… strikingly similar trend to what we’ve seen within the party when it comes to same-sex marriage.”

Democrats and Democratic-leaning voters are far more favorable across the board. A whopping 77% of Democratic Millennials favoring re-legalization of marijuana use, as well as 66% of Boomers, 61% of Gen Xers and 44% of Democratic members of the Silent Generation.

Accompanying this debate is a remarkable shift in how Americans now view marijuana use as a crime. A large majority of Americans of all political persuasions —76% — think that people convicted of possessing small amounts of marijuana should not have to serve time in jail.

Adam Dick of the Ron Paul Institute for Peace and Freedom notes: “These young Republicans are definitely at odds with the majority of Republicans in the United States House of Representatives who continue to vote ‘no’ on rollbacks of the U.S. government’s war on marijuana.

“The trend reflected in the Pew poll results suggests that American politicians will, with each passing year, face electorates increasingly supportive of marijuana legalization — including in Republican primaries. A major shift in marijuana public opinions and policy is ongoing in America. Many politicians will be caught off guard by the major changes yet to come.

“Expect voters to boot out more drug warrior politicians because of those politicians’ increasingly discordant views regarding marijuana. Also watch for politicians to increasingly shift their positions so they publicly support rollbacks in the war on marijuana.”

Buckley for Senate

in Liberator Online, Libertarian Party by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 12 of the Liberator Online. Subscribe here!)

John BuckleyOne of the most famous family names in American political history is once again on the ballot and in the national news.

John Buckley — cousin of the renowned late conservative icon William F. Buckley and former U.S. Senator James L. Buckley — is running an active campaign as Libertarian Party candidate for U.S. Senate in West Virginia.

And he’s already drawing significant national attention. The Washington Post recently described his campaign as one of seven U.S. senate races in which a Libertarian Party candidate could win enough votes to affect the outcome of the election, thus forcing the campaigns of both older party candidates to seriously consider supporting libertarian positions if they want to win.

Said the Washington Post: “John Buckley knows something about winning political races. He’s a former state legislator in Virginia, and a former employee at the American Conservative Union, the Cato Institute and the Law and Economics Center at George Mason University.” He’s also a past National Chairman of Young Americans for Freedom and has worked for the Institute for Humane Studies and the National Tax Limitation Committee.

At his campaign website he sums this up: “All through my life, I’ve worked to promote freedom and prosperity.” His lifetime of political experience, he says, soured him on the Republican Party as a vehicle for liberty and led him to the Libertarian Party.

Buckley tells more about his background and beliefs at his Facebook page:

“I turned 60 in 2013 and, with what I see happening under the presidency of Barack Obama (and even the astonishing growth of government under President George Bush), I want to do my part to try to turn America around. We need less government, not more!

“I have also realized that principles of limited government should be applied across the board, not just as to taxes, spending, and economic regulation, but to personal, ‘lifestyle’ decisions as well. Thus, I favor drastically lowering the level of federal government taxes and spending, embracing Second Amendment gun ownership rights, and respecting private property;

“I also support the legalization of marijuana (common sense tells us it’s time to end the ruinously expensive, counterproductive, and failed ‘War on Drugs’), same-sex marriage, and ending Big Brother’s snooping and spying on American citizens.

“Most Americans don’t like being told what to do and don’t relish telling others what to do, either. The American way is ‘live and let live.’ We may not like the decisions our friends and neighbors make, but we express our moral suasion voluntarily (through churches and family and other peaceful expressions of community standards), not through laws and dictates.

“We certainly don’t like politicians, and especially not Congress or whoever is president, telling us what to do. Whether it’s fluorescent light bulbs, ‘Big Gulp’ sodas, how we run our businesses, how we choose to meet the moral obligation to help our neighbors in need, the curriculum of our children’s schools, our right to keep and bear arms, what we smoke or drink, who we can love or the terms of our health-care.

“I am in favor of liberty — that’s what ‘Libertarian’ means, favoring liberty. It’s the American way of life, but I’m afraid the principles of liberty have been largely abandoned under mainstream Republicans and Democrats. Let’s reclaim the greatness of the American system of limited government. I’ll hope you’ll join me in this campaign.”

Harvard Study: Young Americans Want Far Less Interventionist Foreign Policy

in Foreign Policy, Liberator Online, Military, War by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 9 of the Liberator Online. Subscribe here!)

Young Americans want a far less interventionist foreign policy, and they don’t trust the United Nations or the federal government in general. And they have strong libertarian leanings on other key issues.

Harvard UniversityThat’s according to the latest Harvard Public Opinion Project, a highly-respected national poll of America’s “Millennials”(18- to 29- year-olds) by Harvard’s Institute of Politics that has been conducted biannually since 2000.

The numbers are startlingly anti-interventionist. Fully 74 percent agreed with this statement: “The United States should let other countries and the United Nations take the lead in solving international crises and conflicts.” Only a fourth believed that the United States “should take the lead in solving international crises and conflicts.”

Fully 39 percent disagreed with the statement “it is sometimes necessary to attack potentially hostile countries, rather than waiting until we are attacked to respond.” Only a tiny 16 percent agreed with that statement.

Concerning specific recent foreign policy crises, 62 percent disapproved of the president’s handling of the Syria crisis, and 59 percent disapproved of the government’s policies towards Iran and Ukraine.

The same skepticism applies to international bodies. Fully two-thirds said they trusted the UN only “some of the time” or “never.” Only about a third of respondents said they trusted the United Nations all or most of the time.

This radical rejection of interventionism among the young is accompanied by other libertarian-friendly positions and a strong degree of skepticism towards government in general. Just three percent of Millennials reported trusting the federal government “all of the time,” while 80 percent said that they trusted it either only “some of the time” or “never.” Similarly, eighty-four percent of participants felt that they could trust Congress only “some of the time” or “never.” Just one-third trust the president “most” or “all of the time.”

On the re-legalization of marijuana, 25- to 29- year-olds support re-legalization by a large margin of 50 percent to 28 percent (21 percent unsure); among 18- to- 24- year-olds, 38 percent support, 39 percent oppose (22 percent unsure). Overall, 66 percent support re-legalizing marijuana for medical purposes.

On sexual tolerance, 61 percent say that “a friend’s sexual orientation is not important to me.”

Finally, Millennials are moving away from identifying with either of the two older parties, with increasing numbers identifying as Independents (38 percent) rather than Republicans (25 percent) or Democrats (37 percent).