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Libertarian perspectives on LGBT rights illustrate how libertarian individuals and political parties have applied the libertarian philosophy to the subject of lesbian, gay, bisexual and transgender (LGBT) rights. In general, libertarians oppose laws which limit the sexual freedom of adults. [1]
On transgender equality, the Libertarian Party of Canada states: "Comedians are being fined by Human Rights Commissions and Bill C 16 arguably compels speech". [2] Bill C16 is properly titled "An Act to amend the Canadian Human Rights Act and the Criminal Code". The bill adds "gender identity or expression" to the list of prohibited grounds of discrimination in the Canadian Human Rights Act and the list of characteristics of identifiable groups protected from hate propaganda in the Criminal Code.
The Liberal Alternative party states: "We wish to make marriage a private affair, whether religious or not, composed simply of two consenting adults, without regard for sex, and with no 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". [3]
The minority populist factions of the party oppose same-sex marriage which voted in 2005 for a law that would outlaw instead being in favour of civic unions, while the dominant majority of the party are in favour.
Libertarianz stated 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". [4] The organization ceased to exist in February 2014.
The Libertarian Party of Russia has been one of the most active vocal opponents of the 2013 Russian law banning "propaganda of homosexuality" among minors. Libertarian Party activists have participated in demonstrations in front of the Moscow City Duma against the adoption of the law. At a 2012 picket, the Libertarian Party announced its opposition to homophobic laws restricting people's right to freedom of speech.
Anarcho-capitalists believe in stateless voluntary society, thus oppose any law supporting or opposing LGBT rights. The issue of LGBT rights would be left up individually for people to decide whether to support or oppose LGBT rights. Adam Kokesh argues LGBT people should be anarcho-capitalists. [5]
At the first national convention of the Libertarian Party in 1972, the delegates unanimously adopted a platform that included, "We favor the repeal of all laws creating 'crimes without victims' ... such as laws on voluntary sexual relations ..." [6] That year, John Hospers, who was gay (although discreetly so), [7] was nominated as the Libertarian Party's first presidential candidate. [8] [9]
In 1975, Ralph Raico helped to create the Libertarian For Gay Rights caucus within the party and subsequently published Gay Rights: A Libertarian Approach. [10] This pamphlet advocated for removal of all restrictions against gays, including repeal of legislation prohibiting unions between members of the same sex. It also, however, opposed laws forbidding private individuals from discriminating against gays, e.g., by refusing to hire them, or to rent or sell houses or apartments to gays, stating "our principles compel us to say that bigotry and prejudice, so long as they do not involve coercion, must also be tolerated." [10]
The second LGBT rights organization to operate 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. [11]
In 1998, Outright Libertarians was formed. Outright Libertarians are also affiliated with the Libertarian Party and takes many of the same position that the Libertarians for Gay and Lesbian Concerns did in the 1980s.
In 2009, the Libertarian Party came out against H.R. 1913, a proposed hate crime bill that would add to the federal hate crime statute the categories of sexual orientation, gender identity and disability. The reason the Libertarian Party opposed the proposed hate crimes bill was because it would violate equal justice under the law by creating different classes of victims for the same crime. The Libertarian Party also accused legislators of attempting to buy the support of the LGBT community while still opposing same-sex marriage, and challenged them to repeal Don't ask, don't tell. [12]
In 2013, the Libertarian Party applauded the Supreme Court's decision United States v. Windsor to strike down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. [13] The Libertarian Party had come out in favor of marriage equality in 2011, although noting that in their ideal society would "not have government in the business of defining relationships at all." [14]
The Libertarian Party currently (as of 2015) takes the following positions relevant to LGBT rights: [15]
The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton on September 21, 1996. It banned federal recognition of same-sex marriage by limiting the definition of marriage to the union of one man and one woman, and it further allowed states to refuse to recognize same-sex marriages granted under the laws of other states.
LGBT rights opposition indicates the opposition to legal rights, proposed or enacted, for lesbian, gay, bisexual, and transgender (LGBT) people. Laws that LGBT rights opponents may be opposed to include civil unions or partnerships, LGBT parenting and adoption, military service, access to assisted reproductive technology, and access to sex reassignment surgery and hormone replacement therapy for transgender individuals.
LGBT people in Bulgaria face legal challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality.
Ayn Rand, author and developer of Objectivism, held controversial views regarding homosexuality and gender roles. Although Rand personally viewed homosexuality negatively, considering it immoral and disgusting, she endorsed non-discrimination protection for homosexuals in the public sphere while opposing laws against discrimination in the private sector on the basis of individual rights.
Lesbian, gay, bisexual and transgender (LGBT) people in South Africa have the same legal rights as non-LGBT people. South Africa has a complex and diverse history regarding the human rights of LGBT people. The legal and social status of between 400,000–over 2 million lesbian, gay, bisexual, transgender and intersex South Africans has been influenced by a combination of traditional South African morals, colonialism, and the lingering effects of apartheid and the human rights movement that contributed to its abolition.
Canadian lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. Same-sex sexual activity was made lawful in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada was the fourth country in the world, and the first in the Americas, to legalize same-sex marriage nationwide.
Lesbian, gay, bisexual and transgender (LGBT) rights in the United States rank among the highest in the world, with public opinion and jurisprudence changing significantly since the late 1980s. However, LGBT people and their rights have continued to face attacks from far-right groups and conservative politicians, particularly on a state level.
Lesbian, gay, bisexual, and transgender (LGBT) people in Thailand face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Thailand, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Kenya face legal challenges not experienced by non-LGBT residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is prohibited to same-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Armenia face legal and social challenges not experienced by non-LGBT residents, due in part to the lack of laws prohibiting discrimination on the grounds of sexual orientation and gender identity and in part to prevailing negative attitudes about LGBT persons throughout society.
Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges, prejudices and threats not experienced by non-LGBT residents. There are no LGBT rights in Malaysia, with sodomy a crime in the country, with laws strictly enforced. Extrajudicial murders of LGBT people have also occurred in the country. There are no Malaysian laws that protects the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.
Lesbian, gay, bisexual, and transgender+ (LGBT+) persons in Namibia face legal challenges not experienced by non-LGBT residents. Discrimination based on sexual orientation and gender identity is not banned in Namibia, and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
LGBT movements in the United States comprise an interwoven history of lesbian, gay, bisexual, transgender and allied movements in the United States of America, beginning in the early 20th century and influential in achieving social progress for lesbian, gay, bisexual, transgender and transsexual people.
Lesbian, gay, bisexual, transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
Lesbian, gay, bisexual, transgender (LGBT) persons in Hong Kong, may face legal challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual and transgender (LGBT) people in Barbados do not enjoy the same rights as non-LGBT people. In December 2022, the courts ruled Barbados' laws against buggery and "gross indecency" were unconstitutional and struck them from the Sexual Offences Act. However, there is no recognition of same-sex relationships and only limited legal protections against discrimination.
Lesbian, gay, bisexual, and transgender (LGBT) people in the United States have a long history, including vibrant subcultures and advocacy battles for social and religious acceptance and legal rights.
Lesbian, gay, bisexual, and transgender (LGBT) residents in the U.S. state of Georgia enjoy most of the same rights and liberties as non-LGBT Georgians. LGBT rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, and same-sex marriage has been legal since 2015. In addition, the state's largest city Atlanta, has a vibrant LGBT community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Northern Mariana Islands have evolved substantially in recent years. Same-sex marriage and adoption became legal with the Supreme Court's ruling in the case of Obergefell v. Hodges in June 2015. However, the U.S. territory does not ban discrimination based on sexual orientation and gender identity, except in relation to government employees. Gender changes are legal in the Northern Mariana Islands, provided the applicant has undergone sex reassignment surgery.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
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