Libertarians and Gay Activists- Bosom Buddies or Bitter Foes?
© Joy Johnston
As June is celebrated by liberals as Gay and Lesbian Pride month, and bemoaned by conservatives as yet another sign of the downfall of Western Civilization, it is fitting to examine the ways in which Libertarians and gay rights advocates clash on key issues. With this being an election year, the issues become all the more critical, and perhaps it is the recognition of the strength of the gay/lesbian voting bloc that these issues are being discussed seriously by political pundits and candidates alike. To the general observer, it might seem that Libertarians and gay/lesbian rights advocates would be a good match- Libertarians believe that sexuality between consenting adults is private and should not be regulated by the government.
In fact, many gay rights advocates feel that Libertarians are nothing more than conservative Republicans, hiding behind a different name.
So why do gay rights advocates feel so strongly adverse to Libertarians? Let's take the issue of hate crimes legislation.
Libertarians are not in favor of any non-discrimination legislation in which specific groups of people are identified to have a greater right to protection than the general population. They believe that most hate crimes legislation currently on the books violates the "equal protection under the law" clause that every U.S. citizen is guaranteed. It is this belief that often places Libertarians in league with Conservative Republicans, who are usually staunchly against what they refer to as "special rights" legislation. It is somewhat ironic that supporters of hate crimes legislation try to garner support by making the case that "anyone can be a victim of a hate crime." Of course, this is true- the white man who drives a Lexus and lives in a mansion might be the preferred target of a thief, who would choose him because he would be perceived as being wealthy, just as a man coming out of a gay bar might be the victim of a gay bashing, because he would be perceived as being gay. But then the question is, if every human being could be the target of a hate crime, then why are not all groups of people protected under such legislation? It is this question that often finds state's hate crimes statutes being struck down as unconstitutional. On the other hand, supporters argue that writing too general legislation, in which no particular group is identified, might be unenforceable because it is too vague. This has proven to be true with the hate crimes law on the books in Texas, which has only been used a handful of times because prosecutors are afraid that it might make a conviction vulnerable to overturn on appeal.
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