A Stitch in Haste

To review: One of the most embarrassing forest-trees error that libertarians can make is to argue that, since “government should get out of the marriage business” (a dubious proposition in and of itself), then it must follow that libertarians should oppose gay marriage, because at least that way somebody isn’t getting married, which (the argument goes) advances the (allegedly) libertarian end-goal of abolishing marriage as a legal status altogether.

It’s a mind-bogglingly stupid (not to mention cruel) argument — one that not only ignores reality but also ignores theory: Since when is equal protection (writ large, very large) acceptable collateral damage in the libertarian war on governmental meddling (writ small, very small)?

On the other hand, and for the sake of perspective, here’s an instance where I think all libertarians can indeed agree: Government should definitely get out of this part of the marriage business —

The [Kern County, California] office will issue same-sex marriage licenses beginning June 17 as state law requires but will stop solemnizing weddings due to lack of staff and space, Auditor-Controller-County Clerk Ann Barnett announced in a news release Wednesday evening.
…
Julie Poochigian, chief deputy clerk-recorder of Tulare County, said her office plans to issue marriage licenses to same-sex couples starting June 17. She said the office has never performed wedding ceremonies for couples.

“Some other counties do that, but Tulare County does not,” she said. “We are not staffed to perform the services.”

I simply do not see how it is a proper function of government to provide a wedding ceremony, any more than it would be a proper function of government to provide a wedding gown or a tuxedo. The only requirement is fair and equal treatment in the issuance and recognition of marriage licenses.

By contrast, recall that this is utterly unacceptable:

San Diego County plans to comply with a state Supreme Court ruling that allows same-sex marriages but will not force employees to perform the ceremonies if they cite religious or moral objections.

County Assessor-Recorder-Clerk Greg Smith, whose office issues marriage licenses, said he has informed the roughly 115 employees deputized to conduct ceremonies to tell him if they object to same-sex marriages.

It’s quite simple really: If your taxpayer-funded job requires you to treat all comers fairly and equally, but your bigotry religion prevents you from doing so, then quit. That’s the only “reasonable accommodation” you’re entitled to. (Compare to my previous posts on when private pharmacists object to dispensing contraception.)

(Via Good As You, who is a bit more cynical about the county clerk’s motivations.)

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Speaking of Kern County and gay marriage: Be sure not to drink the carrot juice.

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