Quick Note: Should the Government Get Out of the Marriage Business?

Marriage equality is the issue of the day, and it’s been a really inspiring experience to see an outpouring of support from my friends and relations. Even if I admit to a little cynicism about “Facebook Fads,” it’s probably done real good for LGBQT folks to see so many declaring their solidarity with a simple change of their profile picture. As if in response to this, I’ve seen some novel suggestions from the self-declared sentinels of liberty that the whole issue is a sideshow, because the real government oppression is in granting marriage licenses at all! What to make of this?

The general shape of the argument is that marriage should simply be a personal, religious, and emotional arrangement which the government has no business regulating. Straight, gay, poly or mono, it’s just not the state’s business. The most amusing advancement of this idea I’ve seen, and the most telling, asserted that the government’s only proper role in civil society is to enforce contracts.

How someone can weigh in on an issue with such bold claims and so little knowledge, I don’t know, but it’s worth pointing out to these libertines that the government is already “out of the marriage business” in they way they describe. The government will not prevent any church from performing marriage ceremonies. You can take your lover to an oak tree, carve your names on it, do a small dance, and declare yourselves married for all the state cares. That’s not what’s at issue. What is at issue is, exactly, a contract. We care about marriage as a civil right, an institution granting certain legal privileges.

Of course, there isn’t exactly lockstep unity in the gay rights movement about this. On the more radical edge, you will find queer critics of marriage as an oppressive institution, as patriarchal and bourgeois, as a tool of the “straight state” to mold an ideal citizenry, which should be done away with entirely. I can at least see the merits of this critique, and think there’s room for healthy discussion about what marriage even means, or should mean. The major difference between the radical gay rights critique of marriage and the libertarian one is essentially one of nuance: proponents of the former “get it” on a number of levels which¬†proponents of the latter do not. They at least understand what their moderate allies care about.

Those who support marriage equality, by and large, do accept a role for the state in regulating it as a contract. They don’t want the state to “get out of it” because they do want the rights and privileges of marriage legally provided, but provided more equally. The libertarian call for “getting the state out of marriage” is as tone deaf as so many of their stances on “liberty,” and as per usual, is only a superficial veneer of support for civil rights and tolerance. In fact, it effectively cedes the issue to social conservatives. I wish I could say I am surprised at seeing the sentinels of liberty acting as the neoliberal handmaids of a paleoconservative understanding of social relations and “family values,” but it happens far too frequently.