Marriage and Family

Overview

Any government involvement in marriage violates the separation of church and state because marriage is a set of religious ceremonies and regulations.  Churches, as private associations, have complete ability to define the requirements for marriage, and any consenting adults should be free to take part in any such ceremonies they wish.  If those individuals enter into a contract to define their marriage, then the government must enforce the laws binding that contract.

The government has no legitimate reason to recognize marriages or civil unions with any benefits or taxpayer money.  But until these benefits are phased out, the government must not restrict which consenting individuals take part in those benefits.  

Opinions

In a free society, civil marriage should be a voluntary, contractual option open to any pair of adults, period.  Religions can choose to create religious rules and ceremonies open only to those who practice their religion, but their views should have nothing to do with civil marriage. 

Robert Poole, Reason Foundation

The government should play no role in marriage, which is a sacrament of the church.  Any individuals should be allowed to enter into a contract of civil union protected by contract law. 

Dave Nalle, Republic Liberty Caucus

"Privatizing" marriage can mean two slightly different things.  One is to take the state completely out of it.  If couples want to cement their relationship with a ceremony or ritual, they are free to do so.  Religious institutions are free to sanction such relationships under any rules they choose.  A second meaning of "privatizing" marriage is to treat it like any other contract: The state may be called upon to enforce it, but the parties define the terms.  When children or large sums of money are involved, and enforceable contract spelling out the parties' respective rights and obligations is probably advisable.  But the existence and details of such an agreement should be up to the parties.  

David Boaz, The Cato Institute

Marriage should not be subject to government mandates, but instead solely to natural law standards under a rule of law.  If some wish to have “gay marriage” and others do not, each should be free to adopt the rules they consider appropriate so long as property rights are respected.  Child custody, adoption, and other questions should be based on contracts privately determined, again subject to natural law traditions. 

David Theroux, The Independent Institute

All these matters should be decided privately.  Government should have no authority to “declare” marriage anything.  The decision should be up to individuals and churches.  I would not recognize a “gay marriage” as a marriage, but I would not forbid it as a lifestyle if two people wanted to take that road.

Richard Timberlake, University of Georgia

Either get government out of marriage entirely, or legalize gay marriage.

Jeffrey Miron, Harvard University

The government should leave the definition of marriage to individuals and their chosen religious or private institutions such as churches.  Government should respect private contracts freely entered into.  The government should never tell parents  how to raise their children, or "encourage" parents to raise their children in a certain way.

Congressman Ron Paul, (R-TX)