Tag: marriage

Loving Exposes Dark Side of Legislating Morality »

A small but important film is making its way through U.S. theaters this season, and its message will resonate powerfully with those favoring individual liberty and freedom. Loving has earned just $6.5 million at the box office, but the film tells a poignant story about an all too recent dark period in American history....
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Privatize the Marriage Market »

December is one of the most popular months to get engaged. It seems that every time I get on social media, one of my girlfriends is posting a photo of her left hand and new engagement ring. After getting engaged, and even before, many couples have already combined their lives. They share bills, checking...
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Love, Marriage, and Green Cards »

For most of human history, love and marriage had positively nothing to do with each other. Marriages were arranged in order to strengthen alliances, end family feuds, and secure political power. You were lucky if you liked your spouse, let alone loved them! In the United States today, we don’t see marriages for political...
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When Thinking about Obergefell We Must Distinguish between Policy and Law »

Among the friends of liberty, there is much confusion about whether the Supreme Court’s Obergefell opinion is a vindication of liberty or an usurpation of power. When thinking about the opinion we should be aware of two different modes of analysis: policymaker and judge. How we see Obergefell depends on which mode we have switched...
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Libertarians Should Be Cautious in Celebrating Obergefell »

To no one’s surprise, five justices of the U.S. Supreme Court held that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and...
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Ninth Circuit, Gay Marriage, and the Rule of Judges »

Yesterday, to no one’s surprise, the Ninth Circuit Court of Appeals upheld the district court decision striking down Proposition 8 as violating the Fourteenth Amendment. The opinion can be found here courtesy of How Appealing. Similar to retired District Judge Vaughn Walker, the Ninth Circuit found that there was no legitimate reason for the...
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