Libertarian perspectives on LGBT rights

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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 (LGBTQ) rights. In general, libertarians oppose laws which limit the sexual freedom of adults. [1] However, they may also oppose hate crime legislation, viewing it as antithetical to freedom of speech, and oppose discrimination laws on the grounds that it would constitute government overreach into private enterprise.

Contents

By country

Canada

Libertarian Party of Canada

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.

France

Liberal Alternative

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]

New Zealand

ACT

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

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.

Russia

Libertarian Party of Russia

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.

United States

Murray Rothbard expressed dissatisfaction with the perceived focus on egalitarianism by mainstream libertarianism, saying "Libertarians are not supposed to be egalitarians… And yet there it is: egalitarianism has become the unspoken but very real driving force in the current Official movement. Once group egalitarianism becomes the norm, other groups than blacks will clamor for the privileges of ‘victim status.’ Sure enough, that jostling for victim privilege is now the major hallmark of American politics." He added "The Official libertarians have so far not displayed enormous affinity for Latino or disabled ‘rights,’ but they are highly enthusiastic about the ‘rights’ of women and feminism generally. And in particular, libertarians have displayed great fervor for gay ‘rights’ and stress the evils of ‘discrimination’ against gays. So ardently are libertarians devoted to gay rights that the word ‘libertarian’ in the public press has now become almost a code word for champion of gay rights." Rothbard criticised the "fiscally conservative but socially tolerant" ethos of mainstream Libertarian Party libertarianism, saying "Only his pro-gay agenda accounts for the ardor of Republican libertarians toward Massachusetts Governor Weld, whom they embrace as, in the current slogan, ‘fiscally conservative but socially tolerant.’ (The ‘fiscally conservative’ refers to a one-time budget cut followed, the next time around, by a compensatory budget increase.) ’Socially tolerant,’ in the current atmosphere, means a devotion to the entire Left cultural agenda, from gay rights to compulsory multicultural propaganda and condomization in the public schools".[ citation needed ]

Anarcho-capitalists

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]

Libertarian Party

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] Multiple sources, including the Libertarian Party, have referred to John Hospers, who was in 1972 the first presidential nominee of the newly formed Libertarian Party, [7] as the first openly gay person to run for president of the United States. [8] [9] [10] However, The Guardian’s obituary stated that his family “strenuously denied” he was gay. [11] Chase Oliver, who is openly gay, [12] became the Libertarian Party's presidential nominee in 2024. [13]

In 1975, Ralph Raico helped to create the Libertarian For Gay Rights caucus within the party and subsequently published Gay Rights: A Libertarian Approach. [14] 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." [14]

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. [15]

In 1998, Outright Libertarians was formed. Outright Libertarians are also affiliated with the Libertarian Party and take many of the same positions 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. [16]

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. [17] The Libertarian Party had come out in favor of marriage equality, although noting that their ideal society would "not have government in the business of defining relationships at all." [18]

The Libertarian Party currently (as of 2015) takes the following positions relevant to LGBT rights: [19]

  • Section 1.2 "Expression and Communication":
    • We support full freedom of expression and oppose government censorship, regulation or control of communications media and technology. We favor the freedom to engage in or abstain from any religious activities that do not violate the rights of others. We oppose government actions which either aid or attack any religion.
  • Section 1.3 "Personal Relationships":
    • Sexual orientation, preference, gender, or gender identity should have no impact on the government's treatment of individuals, such as in current marriage, child custody, adoption, immigration or military service laws. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships.
  • Section 1.6 "Parental Rights":
    • Parents, or other guardians, have the right to raise their children according to their own standards and beliefs. This statement shall not be construed to condone child abuse or neglect.
  • Section 3.5 "Rights and Discrimination":
    • Libertarians embrace the concept that all people are born with certain inherent rights. We reject the idea that a natural right can ever impose an obligation upon others to fulfill that "right." We condemn bigotry as irrational and repugnant. Government should neither deny nor abridge any individual's human right based upon sex, wealth, ethnicity, creed, age, national origin, personal habits, political preference or sexual orientation. Members of private organizations retain their rights to set whatever standards of association they deem appropriate, and individuals are free to respond with ostracism, boycotts and other free-market solutions.
  • Section 4.0 "Omissions":
    • Our silence about any other particular government law, regulation, ordinance, directive, edict, control, regulatory agency, activity, or machination should not be construed to imply approval.

See also

Related Research Articles

<span class="mw-page-title-main">LGBT rights in Bulgaria</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant 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 and transgender people.

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.

<span class="mw-page-title-main">LGBT rights in South Africa</span>

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 LGBTQ people. The legal and social status of between 400,000 to 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.

<span class="mw-page-title-main">LGBT rights in Canada</span>

Canadian lesbian, gay, bisexual, and transgender (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized 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 became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.

<span class="mw-page-title-main">LGBTQ rights in the United States</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

<span class="mw-page-title-main">LGBT rights in Cambodia</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Cambodia face legal challenges not experienced by non-LGBT residents. Although same-sex sexual activity is legal in Cambodia, it provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity.

<span class="mw-page-title-main">LGBT rights in the Bahamas</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the Bahamas have limited legal protections. While same-sex sexual activity is legal in the Bahamas, there are no laws that address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in Costa Rica</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Costa Rica have evolved significantly in the past decades. Same-sex sexual relations have been legal since 1971. In January 2018, the Inter-American Court of Human Rights made mandatory the approbation of same-sex marriage, adoption for same-sex couples and the removal of people's sex from all Costa Rican ID cards issued since October 2018. The Costa Rican Government announced that it would apply the rulings in the following months. In August 2018, the Costa Rican Supreme Court ruled against the country's same-sex marriage ban, and gave the Legislative Assembly 18 months to reform the law accordingly, otherwise the ban would be abolished automatically. Same-sex marriage became legal on 26 May 2020.

<span class="mw-page-title-main">LGBT rights in Montenegro</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Montenegro face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in Albania</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Albania face legal challenges not experienced by non-LGBT residents, although LGBT people are protected under comprehensive anti-discrimination legislation. Both male and female same-gender sexual activities have been legal in Albania since 1995, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-gender couples, with same-sex unions not being recognized in the country in any form.

<span class="mw-page-title-main">LGBT rights in Armenia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people 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.

<span class="mw-page-title-main">LGBT rights in Botswana</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Botswana face legal issues not experienced by non-LGBTQ citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.

<span class="mw-page-title-main">LGBT rights in Namibia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Namibia have expanded in the 21st century, although LGBT people still have limited legal protections. Namibia's colonial-era laws criminalising male homosexuality were historically unenforced, and were overturned by the country's High Court in 2024.

<span class="mw-page-title-main">LGBT movements in the United States</span>

LGBT movements in the United States comprise an interwoven history of lesbian, gay, bisexual, transgender and allied social movements in the United States of America, beginning in the early 20th century. A commonly stated goal among these movements is social equality for LGBT people. Some have also focused on building LGBT communities or worked towards liberation for the broader society from biphobia, homophobia, and transphobia. LGBT movements organized today are made up of a wide range of political activism and cultural activity, including lobbying, street marches, social groups, media, art, and research. Sociologist Mary Bernstein writes: "For the lesbian and gay movement, then, cultural goals include challenging dominant constructions of masculinity and femininity, homophobia, and the primacy of the gendered heterosexual nuclear family (heteronormativity). Political goals include changing laws and policies in order to gain new rights, benefits, and protections from harm." Bernstein emphasizes that activists seek both types of goals in both the civil and political spheres.

<span class="mw-page-title-main">LGBT rights in Scotland</span>

Lesbian, gay, bisexual, and 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".

<span class="mw-page-title-main">LGBT people in the United States</span>

In the United States, lesbian, gay, bisexual, and transgender (LGBTQ) people have a long history, including vibrant subcultures and advocacy battles for social and religious acceptance and legal rights.

<span class="mw-page-title-main">LGBTQ rights in Georgia (U.S. state)</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ 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, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ 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.

<span class="mw-page-title-main">LGBT rights in the Northern Mariana Islands</span>

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.

This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.

LGBTQ+ conservatism in the United States is a social and political ideology within the LGBTQ+ community that largely aligns with the American conservative movement. LGBTQ+ conservatism is generally more moderate on social issues than social conservatism, instead emphasizing values associated with fiscal conservatism, libertarian conservatism, and neoconservatism.

References

  1. ↑ Dynes, Wayne (2008). "Sexuality". In Hamowy, Ronald (ed.). Nozick, Robert (1938–2002). The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE, Cato Institute. pp. 461–462. doi:10.4135/9781412965811. ISBN   978-1412965804. LCCN   2008009151. OCLC   750831024.
  2. ↑ ""Platform"".
  3. ↑ "Libertés individuelles". Archived 8 June 2010 at the Wayback Machine
  4. ↑ "Civil Unions" . Retrieved 5 May 2015.
  5. ↑ "Why Gays Should Be Libertarian".
  6. ↑ "Libertarian Party Platform of 1972" . Retrieved 7 March 2021.
  7. ↑ Boaz, David (2008). "Hospers, John (1918– )". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, CA: Sage; Cato Institute. pp. 228–229. doi:10.4135/9781412965811.n139. ISBN   978-1412965804. LCCN   2008009151. OCLC   750831024.
  8. ↑ Walker, Jesse (June 13, 2011). "John Hospers, RIP". Reason Online . Retrieved June 14, 2011.
  9. ↑ Riley, John (November 23, 2018). "In final tally, Libertarian gay couple outperforms top Republican in D.C. elections". Metro Weekly . Retrieved June 19, 2023.
  10. ↑ "Gay Libertarian couple outpolls GOP in DC". Libertarian Party . November 11, 2018. The first openly gay presidential nominee of any U.S political party was John Hospers
  11. ↑ O'Grady, Jane (July 13, 2011). "John Hospers obituary". The Guardian . Retrieved June 19, 2023.
  12. ↑ Baruchman, Michelle. "Who is Chase Oliver? Things to know about the Libertarian presidential candidate" – via AJC.com.
  13. ↑ Robertson, Nick (May 26, 2024). "Libertarian Party chooses Chase Oliver as presidential nominee". The Hill . Retrieved May 27, 2024.
  14. 1 2 Raico, Ralph, "Gay Rights: A Libertarian Approach". The essay originally appeared in a 1976 presidential campaign pamphlet published by the Libertarian Party. Retrieved March 22, 2022.
  15. ↑ "Walter Wheeler" . Retrieved 5 May 2015.
  16. ↑ "Libertarians press Congress on DOMA, 'don't' ask, don't tell'". 17 August 2009. Archived from the original on 3 September 2009. Retrieved 29 December 2013.
  17. ↑ "Libertarian Party applauds DOMA strikedown". Libertarian Party. 26 June 2013. Retrieved 29 December 2013.
  18. ↑ Libertarians say marriage equality only one step toward ending legal discrimination", Libertarian, June 10, 2011. Retrieved March 22, 2022.
  19. ↑ "Platform". Libertarian Party. Retrieved 5 May 2015.
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