I think that many Latter-day Saint libertarians have fundamentally misunderstood marriage. As a libertarian this refers to me — I once thought of marriage as a civil contract, and I once supported the position that the government should remove itself completely from marriage. This is the way libertarians have often thought about the issue:
We should take all of the legal benefits and obligations of marriage (survivorship, duty to fidelity, duty of care and support, autonomy in family affairs, etc.) and unbundle them from the idea of “marriage.” Marriage would then be a solely religious commitment that has no legal consequences or implications whatsoever (any more than baptism does). Couples who marry could privately contract with each other (via a civil union) for the legal entitlements that marriage usually entails. Judges could not enforce any such obligations unless the partners explicitly consented to them by contract. Such civil unions or private contracts would be available to anyone who so wanted to commit themselves, be they man and woman, man and man, sisters, roommates, best friends, etc.
At least, that was the general idea. I bought into it for a long while. Not anymore. Continue reading