Let's rethink Leviathan. The way I see it, Prop 8 was the necessary result of an over-intrusive, over-sized government. The piece below makes some similar points.
"Only marriage between a man and a woman is valid or recognized in California." So provides Proposition 8 that overturned the four-to-three decision of the California Supreme Court, which gave (albeit temporarily) gay couples the same right to form family unions as heterosexual couples.
Today's harsh skirmishing over Prop 8 starts from the common assumption that the state has the right to issue marriage licenses, so that the only question worth asking is whether it can discriminate between gay and straight couples. But to the libertarian, the antecedent inquiry is whether the state has any proper role in issuing marriage licenses at all.
More here.
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