Equality Under the Law and Gay Marriage

We're - so tired of all the darkness in our lives
With no more angry words to say can come alive
Get into a car and drive
To the other side
--Joe Jackson

Variation is axiomatic of nature. As humans, we possess and pursue different capabilities and interests. These differences lead to different outcomes among individuals and among groups of individuals.

Respecting the variety of nature requires equal treatment under the law. As Hayek observed, equality under the law opposes all prescriptive privilege, and all protection by force of any rights not based on rules applicable to all persons. It also denies government the right to limit what the able or fortunate may achieve--whether such government power seeks to perpetuate inequality or force equality.

We are reminded of the principle of equality under the law by the current debate about the legality of gay marriage. Many oppose gay marriage due to religious or other beliefs. While people are free to oppose gay marriage on any grounds, opponents have no right to use government force to prohibit people of the same gender from entering into a marriage contract.

At the same time, proponents of gay marriage have no right to use government force to compel religious or other opposing groups to recognize or write gay marriage contracts.

Complicating the issue is that government itself has gotten into the business of originating marriage contracts. This is an inappropriate role for government, as voluntary origination of contracts between individuals is none of government's business.

Government's proper role in contracts is to help people defend their person and property from invasion by others who break contracts or enter into contracts by fraud.

Better aligning our system with natural law would require government to step away from the marriage contract origination business, and limit its involvement to assisting in the resolution of marriage contracts gone bad.