***I hope Liberty Girl doesn’t mind that I add this post while she’s away. I wish her the absolute best on her exciting adventure to Latin America and look forward to reading her posts once she returns.***
As you’ve no doubt heard, the California Supreme Court ruled today that homosexuals cannot be discriminated against with regard to marriage. Specifically, the state can no longer legally distinguish between heterosexual “marriage” and homosexual “domestic partnership.”
There are two important lessons to learn from this case.
The first is that it is possible to achieve great gains in liberty through the courts. And make no mistake about it, this is a wonderful victory for all advocates of liberty. Gay marriage has absolutely nothing to do with sex and everything to do with individuals being afforded equal protection under the law.
This is a fitting place to note Hayek’s point that the fundamental goal for libertarians is equality before the law. Today’s ruling brought precisely that.
Further, marriage is a deeply private and personal contract that really is no one’s business but those involved in the contract. Even if you personally don’t want two people to marry — due to your religious views or personal biases — their private contract is none of your business.
Some people may not want Jews to be allowed to marry, or interracial couples, or fat people, or smelly people, or gay people. Such views should not be warranted the muscle of the law, but rather, be allowed to die quiet deaths as the prevailing moral zeitgeist surrounding them continues to march forward.
The second lesson from this case is that, when it comes to your rights, the (more…)
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