I have been writing an open letter to Ron Paul on why “privatizing marriage” or “getting the government out of the marriage business” is a really bad idea. In the process, I went back to some of my old writings on this topic. I have been trying to get people to pay attention to the problems with this so-called “libertarian” position since 2005! Here is a link to that first foray on this topic, originally published in Policy Review, the flagship publication of the Hoover Institution, back in 2005.
Marriage is a naturally occurring, pre-political institution that emerges spontaneously from society. Western society is drifting toward a redefinition of marriage as a bundle of legally defined benefits bestowed by the state. As a libertarian, I find this trend regrettable. The organic view of marriage is more consistent with the libertarian vision of a society of free and responsible individuals, governed by a constitutionally limited state. The drive toward a legalistic view of marriage is part of the relentless march toward politicizing every aspect of society.
Although gay marriage is the current hot-button topic, it is a parenthetical issue. The more basic question is the meaning of love, marriage, sexuality, and family in a free society. I define marriage as a society’s normative institution for both sexual activity and the rearing of children. The modern alternative idea is that society does not need such an institution: No particular arrangement should be legally or culturally privileged as the ideal context for sex or childbearing.The current drive for creating gay unions that are the legal equivalent of marriage is part of this ongoing process of dethroning marriage from its pride of place. Only a few self-styled conservative advocates of gay marriage, such as Andrew Sullivan and Jonathan Rauch, seem to understand and respect the social function of marriage. Marriage as an institution necessarily excludes some kinds of behavior and endorses other kinds of behavior. This is why the conservative case for gay marriage is so remarkable: It flies in the face of the cultural stampede toward social acceptance of any and all sexual and childbearing arrangements, the very stampede that has fueled so much of the movement for gay marriage.This article is not primarily about gay marriage. It isn’t even about why some forms of straight marriage are superior to others. Rather, the purpose of this article is to explain why a society, especially a free society, needs the social institution of marriage in the first place. I want to argue that society can and must discriminate among various arrangements for childbearing and sexual activity.