Libertarians within the Republican Party and Republicans who are called “moderate” because they aren’t social Conservatives claim that we will win over more voters and that it’s hypocritical of small-government Conservatives to use government to define or license marriage.
Radio talk show host and commentator Dennis Prager destroyed the claim that Republicans could win elections by dropping our social conservative platform planks in his recent essay :
“To respond to the first argument, it is hard to believe that most people who call themselves fiscal conservatives and vote Democrat would abandon the Democratic Party if the Republican Party embraced same-sex marriage and abortion.
“The left and its political party will always create social issues that make Republicans and conservatives look “reactionary” on social issues. Today it is same-sex marriage, the next day it is the Republican “war on women,” and tomorrow it will be ending the objective male-female designation of Americans (Children should have the right to determine their gender and not have their parents and their genitalia determine it, even at birth). Or it will be animal rights, race-based affirmative action or an environmentalist issue.”
Contrary to the claims of those libertarians, traditional marriage of one man and one woman encourages smaller, not larger, government. State marriage licenses prevent the need for a formal legal contract (and a lawyer) before marriage in order to clarify the mutual duties and rights of spouses, inheritance, and a myriad of paternity/maternity rights within intact marriages, at death, and on dissolution of the marriage. Recognizing that not all marriages result in children, the laws do recognize the State’s “compelling interest” in defending the child’s right to life, liberty and property.
While some (on the Right, as well as the Left) might favor laws making entering into a marriage as burdensome and expensive as divorce, many people would simply cohabit. When they go their separate ways – or if one dies – without a marriage license, the Courts will still determine the separation of property and child custody. At best, the new burden will be added to the old. Or, more likely, whole new layers of court rulings and State or Federal legislation would have to be added to replace current law.
There are strong historic, biologic and societal reasons behind the support for defending the Conservative definition of marriage. The new definition is not clear-cut and has very little history. However, the proponents of gay marriage are seeking not only all of the legal – government – benefits and protections afforded traditional marriage, as well as special protection from those same governments to coerce everyone with a business license into participating in their nuptials. There’s nothing “small government” about “getting the State out of the marriage.”