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Libertarian perspectives on LGBT rights illustrate howlibertarian individuals andpolitical parties have applied the libertarian philosophy to the subject oflesbian,gay,bisexual andtransgender (LGBTQ) rights. In general, libertarians oppose laws which limit the sexual freedom of adults.[1] However, they may also oppose hate crime legislation, viewing it as antithetical to freedom of speech, and oppose private sector anti-discrimination laws on the grounds that it would constitute government overreach into the free market system.
On transgender equality, theLibertarian Party of Canada states: "Comedians are being fined by Human Rights Commissions and Bill C 16 arguably compels speech".[2] Bill C16 is properly titled "An Act to amend the Canadian Human Rights Act and the Criminal Code". The bill adds "gender identity or expression" to the list of prohibited grounds of discrimination in the Canadian Human Rights Act and the list of characteristics of identifiable groups protected from hate propaganda in the Criminal Code.
TheLiberal Alternative party states: "We wish to make marriage a private affair, whether religious or not, composed simply of two consenting adults, without regard for sex, and with no further obligation beyond going to the local magistrate/city hall to notify the state about the union. This form of civil union would replace thePACS symbolically. Recognition of marriage is, of course, possible".[3]
The minoritypopulist factions of theACT Party opposesame-sex marriage which voted in 2005 for a law that would outlaw instead being in favour of civic unions, while the dominant majority of the party are in favour.
Libertarianz stated in their platform that the party "fully supports the concept of a civil union and would also support allowing marriages between same sex couples, and indeed polygamous marriages or marriages between people who are already related—in all cases as long as all parties are adults and consenting".[4] The organization ceased to exist in February 2014.
TheLibertarian Party of Russia has been one of the most active vocal opponents of the2013 Russian law banning "propaganda of homosexuality" among minors. Libertarian Party activists have participated in demonstrations in front of theMoscow City Duma against the adoption of the law. At a 2012 picket, the Libertarian Party announced its opposition to homophobic laws restricting people's right to freedom of speech.
Murray Rothbard expressed dissatisfaction with the perceived focus on egalitarianism by mainstream libertarianism, saying "Libertarians are not supposed to be egalitarians… And yet there it is: egalitarianism has become the unspoken but very real driving force in the current Official movement. Once group egalitarianism becomes the norm, other groups than blacks will clamor for the privileges of 'victim status.' Sure enough, that jostling for victim privilege is now the major hallmark of American politics." He added "The Official libertarians have so far not displayed enormous affinity for Latino or disabled 'rights,' but they are highly enthusiastic about the 'rights' of women and feminism generally. And in particular, libertarians have displayed great fervor for gay 'rights' and stress the evils of 'discrimination' against gays. So ardently are libertarians devoted to gay rights that the word 'libertarian' in the public press has now become almost a code word for champion of gay rights." Rothbard criticised the "fiscally conservative but socially tolerant" ethos of mainstreamLibertarian Party libertarianism, saying "Only his pro-gay agenda accounts for the ardor of Republican libertarians toward MassachusettsGovernor Weld, whom they embrace as, in the current slogan, 'fiscally conservative but socially tolerant.' (The 'fiscally conservative' refers to a one-time budget cut followed, the next time around, by a compensatory budget increase.) 'Socially tolerant,' in the current atmosphere, means a devotion to the entire Left cultural agenda, from gay rights to compulsory multicultural propaganda and condomization in the public schools".[citation needed]
Anarcho-capitalists believe instatelessvoluntary society; thus, they oppose any law supporting or opposingLGBT rights. The issue of LGBT rights would be left up individually for people to decide whether to support or oppose LGBT rights.Adam Kokesh argues LGBT people should be anarcho-capitalists.[5]
At the first national convention of the Libertarian Party in 1972, the delegates unanimously adopted a platform that included, "We favor the repeal of all laws creating 'crimes without victims' ... such as laws on voluntary sexual relations ..."[6] Multiple sources, including the Libertarian Party, have referred toJohn Hospers, who was in 1972 the first presidential nominee of the newly formed Libertarian Party,[7] as the first openly gay person to run for president of the United States.[8][9][10] However,The Guardian’s obituary stated that his family “strenuously denied” he was gay.[11]Chase Oliver, who is openly gay,[12] became the Libertarian Party's presidential nominee in 2024.[13]
In 1975,Ralph Raico helped to create the Libertarian For Gay Rights caucus within the party and subsequently publishedGay Rights: A Libertarian Approach.[14] This pamphlet advocated for removal of all restrictions against gays, including repeal of legislation prohibiting unions between members of the same sex. It also, however, opposed laws forbidding private individuals from discriminating against gays,e.g., by refusing to hire them, or to rent or sell houses or apartments to gays, stating "our principles compel us to say that bigotry and prejudice, so long as they do not involve coercion, must also be tolerated."[14]
The second LGBT rights organization to operate from alibertarian perspective was the Libertarians for Gay and Lesbian Concerns. The organization held its first national convention in 1985 and sought to promote libertarianism to LGBT Americans.[15]
In 1998, Outright Libertarians was formed. Outright Libertarians are also affiliated with the Libertarian Party and take many of the same positions that the Libertarians for Gay and Lesbian Concerns did in the 1980s.
In 2009, the Libertarian Party came out againstH.R. 1913, a proposedhate crime bill that would add to the federal hate crimestatute the categories ofsexual orientation,gender identity anddisability. The reason the Libertarian Party opposed the proposed hate crimes bill was because it would violate equal justice under the law by creating different classes of victims for the same crime. The Libertarian Party also accused legislators of attempting to buy the support of the LGBT community while still opposing same-sex marriage, and challenged them to repealDon't ask, don't tell.[16]
In 2013, the Libertarian Party applauded theSupreme Court's decisionUnited States v. Windsor to strike down Section 3 of theDefense of Marriage Act (DOMA) as unconstitutional.[17] The Libertarian Party had come out in favor of marriage equality, although noting that their ideal society would "not have government in the business of defining relationships at all."[18]
The Libertarian Party currently (as of 2015) takes the following positions relevant to LGBT rights:[19]
The first openly gay presidential nominee of any U.S political party was John Hospers
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