Is there a Libertarian position on same-sex marriage?

The legality of same-sex marriage has long been a contention between liberal and conservatives, but its also a source of division among libertarians. As I dug into the original thoughts of libertarianism and classical liberalism, I discovered that the legitimacy of same-sex marriage should never have been a concern of libertarians in the first place.

Instead, whether government should be playing a role in defining and recognizing marriage is the more important issue with which libertarians should be concerned.

Murray N. Rothbard lays out the framework of libertarian theory in his book For a New Liberty: The Libertarian Manifesto. Libertarian theories all rest on a so called nonaggression axiom: that no man or group of men may aggress the person or property of anyone else.

Aggression is defined as the initiation of the use or threat of physical violence against the person or property of anyone else. Libertarians believe that a man has a right to do whatever he wants as long as he doesnt infringe other peoples rights. But if he does, hes subject to legal repercussions.

Armed with this axiom, its very unlikely that libertarian fall into either the liberal or conservative category when it comes to same-sex marriage. Both of their positions are considered aggression because they try to get government involved in defining or redefining marriage.

If marriage (or civil unions, domestic partnerships, etc.) fits the nonaggression axiom, which doesnt violate other peoples rights, why is it polarizing the nation? Superficially, gay marriage might seem to be a religious or moral issue but the reality is much different.

Income taxes and other marriage benefits from the government are the real face behind the veil of the same-sex marriage contention. In a regressive system of income tax, married couples pay less in income taxes when they file jointly than if they do it separately. Its because their income as a whole falls into a bracket that allows them to pay less.

According to Tax Policy Center, tax legislation since 2001 has substantially increased marriage bonuses by raising the standard deduction for couples to twice that for single filers, and by setting the income ranges of the 10 and 15 percent tax brackets for couples to twice the corresponding ranges for individuals. Legislation also raised the starting point for the earned income tax credit phase-out range by $3,000 for married couples.

Its easy to see why gay Americans are fighting for the right to marry not only for love, but largely because of the tax incentive of marriage recognized by the government. If government keeps its hands off marriage and lets it become an affair among private institutions by eliminating all the tax breaks and benefits for couples that fall in governments definition of marriage, then same-sex marriage issue wouldnt be a heated issue on any legislative agenda.

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Is there a Libertarian position on same-sex marriage?