Libertarian perspectives on LGBT rights

The libertarian perspective on LGBT rights illustrates how libertarian individuals and Libertarian Parties have applied the libertarian philosophy to the subject of LGBT rights.

United States LGBT Libertarians

The first LGBT right organization to operated from a libertarian perspective, was the Libertarians for Gay and Lesbian Concerns. The organization held its first national convention in 1985, and sought to promote libertarianism to LGBT Americans [[1].

During the 1980s, the organization was affiliated with the Libertarian Party of the United States. [2]. One of its activities was the production a lavendar phamphlet, to distribute at gay pride events, that explained the libertarian perspective on LGBT rights. The brochure, stated that all libertarians supported;

• The repeal of all criminal laws regulating sexual activity between consenting adults, including victimless crime laws and cross-dressing.
• End to government initiated discrimination, especially in the United States Armed Forces and public schools.
• End the usage of zoning and loitering laws to harass gay people and gay-owned busineses.
• Equal treatment for gay immigrants.
• Legalization of same-sex marital contracts and allowing gay people to adopt and have custody of children.
• End the practice of closing down gay bathouses, "four our own good".
• Stop the denying or revoking a professional liscense on the account of "sexual peference".

The brochure then went onto explain that libertarians opposed efforts to prohibit private sector discrimination because people have the right to be wrong, and that peaceful persuation was the better method to deal with prejudice, then civil rights legislation. Despite its age, Libertarian Party state chapters often distribute this brochure at gay pride events.

In the 1990s this organization was joined by the libertarian LGBT rights organization called the Gays and Lesbians for Individual Liberty [3]. As of 2007, the LGLC have a mailing address [www.boogieonline.com/revolution/politics/orgs.html] and the GLIL web page has not been updated since 2003 [4].

The active LGBT Libertarian organization would be the Outright Libertarians. Founded in 1998, the organization is also affiliated with the Libertarian Party of the United States and takes many of the same position that the Libertariarns for Gay and Lesbian Concerns did in the 1980s.

United States Libertarian Party

The Libertarian Party of the United States takes the following positions on LGBT rights [5].;

• [A] private employer screens prospective or current employees via questionnaires, polygraph tests, urine tests for drugs, blood tests for AIDS, or other means, this is a condition of that employer's labor contracts. Such screening does not violate the rights of employees, who have the right to boycott such employers if they choose.

• Consenting adults should be free to choose their own sexual practices and personal relationships. Government does not have legitimate authority to define or license personal relationships. Sexuality or gender should have no impact on the rights of individuals

• Criminal laws should be limited to violation of the rights of others through force or fraud, or deliberate actions that place others involuntarily at significant risk of harm. Individuals retain the right to voluntarily assume risk of harm to themselves in the exercise of free choice.

• Individuals should have the right to use drugs, whether for medical or recreational purposes, without fear of legal reprisals, but must be held legally responsible for the consequences of their actions only if they violate others’ rights.

• While we do not advocate private discrimination, we do not support any laws which attempt to limit or ban it. The right to trade includes the right not to trade -- for any reasons whatsoever; the right of association includes the right not to associate, for exercise of this right depends upon mutual consent [6].

• Parents, or other guardians, have the right to raise their children according to their own standards and beliefs, without interference by government, unless they are abusing the children. We recognize that the determination of child abuse can be very difficult. Only local courts should be empowered to remove a child from his or her home, with the consent of the community. This is not meant to preclude appropriate action when a child is in immediate physical danger.

U.S. Republicans and Libertarians

Several gay Republicans or conservatives will often make libertarian arguments when writing about LGBT rights. Andrew Sullivan is a libertarian-conservative, the Log Cabin Republicans and the Independent Gay Forum often advocate for LGBT issues in a way that illustrates some common ground between American conservatives and libertarians.

For example, writers at the Independent Gay Forum endorsed the Libertarian Party and LGBT Libertarian organization's position that the Boy Scouts of America should be free to exclude gay men as scouts and scoutmasters [[7]. Likwise, the Log Cabin Republicans have endorsed the libertarian perspective in opposing federal hate crime legislation [8].

Yet, such conservative LGBT organizations also differ with the libertarian perspective. The Log Cabin Republicans supports the Employment Nondiscrimination Act, and allowing gay couples to have the 1,100 rights currently extended to straight couples, through a civil marriage [9].

Another issue that arises when talking about the libertarian perspective is United States Congressman Ron Paul. In 1988, Paul was the Presidential candidate for the Libertarian Party of the United States. Paul considers himself to be a libertarian, although it would be more accurate to refer to him as a paleolibertarian because he differs from the Libertarian Party of the United States and LGBT libertarian organizations on LGBT rights. For more information see Political positions of Ron Paul,

U.S. Democrats and Libertarians

The Libertarian Party and LGBT Libertarian organizations have common ground with Democrats on issues such as Separation of Church and State, Equal government treatment for all citizens and free speech [10].

There is a libertarian organziation within the Democratic Party, called the Democratic Freedom Caucus. The The Daily Kos launched a "libertarian Democrat" movement, an effort by liberal Democrats to reach out to libertarians (and Libertarian Party members) on areas of perceived common ground, including strong support of civil liberties and support for equal treatment for LGBT people under the law. [11].

=U.S. State Libertarian Party Chapters

In 1992 conservative activists in Colorado got Amendment 2 on the statewide ballot that would have prohibited the local or state government from passing any sort of civil rights legislation, including protection for gays [12]. As this amendment would have included the private and public sector, the Colorado Libertarian Party refused to take a position on the 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 Vermont, Neil Randall, to side with the conservatives that made an unsuccessful attempt to impeach the justices for their ruling. The Vermont Libertarian Party endorsed civil unions [[13]], revoked its previous endorsement of the state legislator who went on to be elected as a Republican [[14].

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, and supports marriage equality for gay and straight people [15]. However, in the 2001, several of the party's candidates supported the ballot measure, without receiving any santions from the state party leadership.

France

The Liberal Alternative party proclaims, "Nous souhaitons faire du mariage un engagement privé, religieux ou non, qui n’engage que deux adultes consentants, sans distinction de sexe et sans obligation de passer à la mairie autrement que pour informer l’état civil de l’union. Cette forme d’union civile a vocation à remplacer le PACS aux caractéristiques purement symboliques. L’établissement d’un contrat de mariage est toujours possible."[16] ("We wish to make marriage a private affair, whether religious or not, composed simply of two consenting adults, with not regard for sex, and with not further obligation beyond going to the local magistrate/city hall to notify the state about the union. This form of civil union would replace the PACS symbolically. Recognition of marriage is, of course, possible.")

New Zealand

Libertarianz state in their platform that the party "fully supports the concept of a civil union and would also support allowing marriages between same sex couples, and indeed polygamous marriages or marriages between people who are already related—in all cases as long as all parties are adults and consenting." [17]

See also

• Liberalism worldwide
• Outright Libertarians
• Objectivism, Ayn Rand, and homosexuality

External links

• Official Libertarian Party position on LGBT equality
  • Current Sexuality and Gender plank of national platform [18]
• LBGT libertarians
  • Gays and Lesbians for Individual Liberty [19]
  • Outright Libertarians [20]
  • Independent Gay Forum [21]
  • Libertarians for Gay and Lesbian Concerns 1981 - 1987[22]
• Gay Republicans That Invoke Libertarian Principles
  • Lavender But Not Pink [23]