Wednesday, June 26, 2013

Solving the gay marriage issue in a way that satisfies both sides.

Having watched the gay marriage debate, it's become clear to me that neither side really understands freedom. I am part of a small (but hopefully growing) group who believes that the proper application of freedom yields a clear solution that both sides will be satisfied with.




What is freedom?
What freedom is:  It's the right to live as you want as long as you aren't infringing on other people or their property.


What freedom isn't: The right to have a government bureaucracy give you a certificate of approval and special benefits for the lifestyle you choose.


In the case of marriage, it is a voluntary cultural or religious activity and as such, having any law that changes how the government treats people because of their involvement in it is automatically a violation of freedom. Giving special treatment to somebody because of their religion or their involvement in a particular ceremony is just as much against the first amendment as banning it.


Imagine if the government decided to handle other religious and cultural matters the same way they do with marriage. Each religion would have to petition the government for approval of their baptism (and baptised people would be treated differently by the government than non-baptised). Then we'd have a big equality argument where non-christians would also want the benefits of being baptised but others would object because it would violate the sanctity of baptism.


Or perhaps the government should provide a tax break for Thanksgiving turkeys. After all, those are an important part of our culture, so there should be government support for them. However, it would have to be a bureaucrat-approved Thanksgiving turkey. We would then have our national argument about what constitutes a proper Thanksgiving turkey. Vegetarians would say "Hey, we're not getting equal treatment," while others would say "replacing a turkey with a block of tofu really demeans an important American tradition."


In both of the examples, it is probably clear to the reader that the answer isn't to make sure that government gives special recognition to all groups. The answer is that the government should just stay out of it completely. Why not apply the same to marriage?




So what would marriage be without government?
Marriage becomes a private contract between individuals. Terms about what people are expected to do, what the conditions are for divorce, and other such can be set by the people getting married instead of by the government.


For the LGBTQ community, they now have equal treatment. The government isn't setting one group above another or blocking anyone from doing what the others can.


For those who oppose gay marriage, the answer is a little more complicated. One of the strong objections they often bring up is that allowing gay marriage on its own isn't the problem, but that it's the first step toward criminalizing their religion. We can see examples in Europe where this issue results in the government violating free speech (for example: http://www.rferl.org/content/article/1057006.html). However, if the approach is to just avoid special treatment for any group, this is much less likely to happen than when we have government dictating our morals.


The other objection usually given against gay marriage is the belief that marriage comes from God and is supposed to be on his terms. If that's the case, then the last thing you should want is for the government to replace God's terms with their own. Get the government out entirely, and then your religion can determine marriage terms based on what you believe God wants them to be instead of what a bunch of congressmen says that they are.




Conclusion:
Like so many other problems, this one exists because of a lack of freedom. Implement freedom fully by removing the government from matters in which it doesn't belong, and the problem is solved.