Wednesday, 15 January 2014

Same Sex Marriage, Anti-Freedom, Anti-Rights and Pro-State - What, No One Told You?

Many Libertarians support Same Sex Marriage and they are wrong.


Same Sex marriage is not the State opening marriage up in the simulcrum of a libertarian commonwealth but a concerted state power grab where the state redefines a complex, evolved social institution, then enforces that redefinition coercively to expand its power over all families. 

Marriage is being redefinded not because the nature of the family has changed but because those seeking change either do not understand the purpose of the institution, or worse, are actively hostile to that purpose. They may sound like talking Hallmark cards but their reasons are far from pretty. Modern is not an argument, chanting the date not a reason to fundamentally alter the legal relationship between the state, children and parents nor is opposing Same Sex Marriage either anti-gay or a rejection of the ability of gay people to love and form enduring relationships. A debate about marriage is fundamentally a debate about the legal structure of families and the relationships between parents, children and society. 

Same Sex Marriage strips families of the very fundamental right to exist or generate without the explicit approval of the state and transfers that enormous power to the government. We have become so blind to the fundamentals both of freedom and state that this seems invisible, seems not to be happening.

Family is not just some fractal, quantum of the state's power, family is a competing, often oppositional power structure to the state. This is why totalitarians always aim to take down the family. Totalitarian regimes come to power by destroying law but in power the family is the target, its independence an affront and a danger to the state. 

Families are self-made: we are entitled to select our partner or partners and establish kinship with whom we choose. Heterosexual families create a next generation, they are self perpetuating entities independent of outside consent or interference. The rights parents exercise over children are uncontested because they are the children's uncontested parents and no other claim to rearing or education is greater in a law based society. Only where the fundamental rights of the child are being breached can anyone, always the state now, come between parent and child. Creation of extra, positive rights for children does not, in effect, expand the childs rights, but rather the power of the interfering party: the Children's Rights Amendment to the Irish Constitution, had it been any less anodyne, would have been the State and Social Workers Right amendment. 
Same Sex partners with children are the exact antithesis of that independent self generating entity: they always require an outside force to establish rights since they are NEVER the uncontested natural parents. At best only one of the partners will be such to any of the children involved, leaving a power gap the state is only too willing to fill. Adoption, the extended prostitution of surrogacy, all leave a possibility of contested relationships that must be settled by the state. Cam and Mitchell need the state to vindicate their realtionship with Lily, Claire and Phil's relationship with Haley, Alex and Luke may be approved by the state but does not require such vindication.

This fundamental difference in relationship is what makes Same Sex Marriage a state power grab. By redefining marriage as a degendered, one size fits-all-model the state grants itself effective approval of all familial ties. Libertarians arguing for Same Sex Marriage are merely Lenin's useful idiots, advancing Big Government in the area where its power has always been not just viciously contested but at best vestigal.

Libertarians are drawn to support SSM on the grounds that anyone should be allowed marry anyone they want. This may indeed work fine in  state-less Libertarian Commonwealth where nobody is coerced into recognising, taking part or being governed by the rules of such unions. In a coercive state it is a recipe for enormous state power over all families. 

In science Fiction time travel throws up the usual grandfather pardoxes but also the endles tit-for-tat change wars that respect neither pardoxes nor logic. Similarly radical reform (deform) cannot be unidirectional. The supposition that anyone should be allowed marry anyone also contains within it, by the very nature of its radical re-ordering of the institution, the idea that any number should be allowed marry any number. Only by stripping marriage of meaning can Same Sex Marriage make sense but that sense always requires an extension of state power.

"Don't want a Gay Marriage? Then don't get one!" remains
the facile slogan of the activists but the redefinition of marriage proposed in Same Sex Marriage gives all families a denatured, state dependent set of relationships. It is hard to think of anything less libertarian.

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