Like a lot of other Americans, I have been slow to embrace the right of gays to marry. That’s because I respect the sanctity of an institution — marriage as the union between a man and a woman — that evolved over thousands of years. But, ultimately, my libertarian instincts prevailed.
As a libertarian/conservative, I espouse a win-win view of human rights. I don’t think, for example, that there is a fundamental human right to education or health care. Those so-called “rights” are derived, or subsidiary, rights. Financing one person’s “right” to health care can be achieved only by taking someone else’s property, thus harming that person. That’s not to say that society shouldn’t provide health care to all, but universal access to health care is something to be bestowed through legislation, not as a fundamental right.
What is a fundamental right? The right to vote is fundamental. Giving John the right to vote does not deprive Mary of the right to vote. Giving John the right of free speech does not deprive Mary of the right to free speech. Giving John the right to a trial by jury does not deprive Mary of the right to a trial by jury. Giving all citizens equal treatment under the law is a fundamental right.
By the same logic, giving Heather’s mommies the right to be married, along with all the privileges and appurtenances permitted under the law, does not deprive John and Mary of the right to marry. So, while my heart tells me to support the traditional idea of marriage (not because I’m anti-gay, but because I’m pro-traditional marriage), reason tells me to support gay marriage. In this particular matter, I follow my head over my heart.
— JAB
