March 26, 2013

A right - to discriminate?

I need a little help here. Someone tell me where I'm going wrong. (I know, I know, "When you opened your mouth.")

As SCOTUS hears oral argument on a gay marriage case, Erick Erickson posts a piece declaring ‘Gay Marriage’ and Religious Freedom Are Not Compatible. Me being me, I want to prove him wrong.

Here are my premises:

1) Every individual is [morally]* entitled to birthright liberty and ownership of his life, including all of his preferences and actions that do not involve initiation of force against others.

2) In every question, refer back to premise number 1.

Erickson's ultimate conclusion is that, "Libertarians will have to decide which they value more - the ability of a single digit percentage of Americans to get married or the first amendment. The two are not compatible." Why?

Once the world decides that real marriage is something other than natural or Godly, those who would point it out must be silenced and, if not, punished. The state must be used to do this. Consequently, the libertarian pipe dream of getting government out of marriage can never ever be possible.

Here he diverges into the other half of a package deal: That everyone be forced to accept a belief that contradicts his own. This is a key tenet of collectivism rather than liberalism. My counsel would be to ignore the latter and instead wage legal and ideological war on the former.

I made a brief attempt to argue this point with Mike Rosen today. There wasn't enough time for him to say more than, "There is no individual right to gay marriage, any more than there is a right to marriage to animals or to more than one other person." And in rebuttal to my suggestion that in accordance with Loving v. Virginia a STATE may not discriminate against individuals (due to race or, by extension, gender) but an individual SHOULD be able to discriminate against ANY individual for ANY reason, he simply said, "That's a weak argument."

Is it?


UPDATE: * Added the word "morally" to distinguish vis-a-vis "legally." The law still has some distance to travel.

Philosophy Politics SCOTUS Posted by JohnGalt at March 26, 2013 2:55 PM

I appreciate interesting dialog. It is a hard day to be jk on Facebook. Y'all know I am predisposed to gay marriage, but the combination of sanctimony and shallow thinking are too much to bear. Change your profile picture to George Takei's red equals sign -- and don't worry your pretty little enlightened head about Federalism, or the basic legal premise of "standing."

But you did not request a rant, you wanted an opinion...

I don't know if Rosen would prefer it, but I would have to lead me with a little "Render under Caesar."

As long as there are still Christians who actually follow Christ and uphold his word, a vast amount of people around the world — never mind Islam -- will never ever see gay marriage as anything other than a legal encroachment of God's intent.

With all due respect, we encroach on the poor Supreme Being’s intent all the damn time; not sure He has "standing..." Seriously, the cats and chicks in the robes are discussing marriage as a legal matter, and although he gets huge points for quoting Chesterton, I think Erikson's argument falls on its face when one bifurcates the religious and the secular versions of marriage.

Posted by: jk at March 26, 2013 6:37 PM | What do you think? [1]