Saturday, November 22, 2008

Is Homosexual Marriage A Religious Rite, Or A Natural Right?

I philosophically support homosexual marriage, however, I fully recognize the political reality of the current national climate in opposition to homosexual marriage. The California vote clearly demonstrated that reality.

As a Roman Catholic, I am conflicted on this matter since my faith is so opposed, and the right of each faith to either support or oppose homosexual marriage is sacrosanct.

As a Natural Rights theorist, I must concede I can not find a Natural Rights framework or foundation for marriage, either heterosexual or homosexual. I find it difficult to argue that marriage is a Natural Right.

The conflict I had philosophically over the California Proposition Eight situation in particular, is that the legalization of homosexual marriage was imposed on the citizens of California by the judiciary. A practice I find repugnant.

Complicating matters further, the law overturning the legalization of homosexual marriage was passed by the people. A constitutional method most libertarians find more acceptable than through judicial fiat.

I believe it best that Independent libertarians maintain neutrality on the California matter for the time being.Recognizing that several libertarian principles are in conflict with one another in this particular situation.

I believe the Independent libertarian position on this contentious issue was correctly articulated by the Libertarian Party platform,a Party which hardly ever gets any principle of libertarianism correct,which declares:

"Sexual orientation, preference, gender, or gender identity should have no discriminatory impact on the rights of individuals by government, such as in current marriage, child custody, adoption, immigration, or military service laws. Consenting adults should be free to choose their own sexual practices and personal relationships. Government does not have legitimate authority to define, license or restrict personal relationships."

I believe most Independent libertarians, no matter what personal convictions they may hold on the matter, should concur that the government has no role in marriage other than ensuring public health.

Marriage is a religious rite, not a Natural Right. Moreover, homosexual marriage is not a matter for the state beyond ensuring public health.

This should be a starting point upon which to construct a respectful framework for this complex and contentious debate.

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