Although the state has always constituted a mantle of unjustified oppression of and invasion into the lives of every person who has had to suffer its yoke, it is undeniable that certain groups of individuals who possess a common identity have been singled out for persecution. Laws that criminalise homosexual behaviour, or sought to set up “caste” systems such as the “Jim Crow laws” in the certain US states single out certain people, who possess a common characteristic, for a heightened degree of state aggression compared to other citizens. This common characteristic can consist of either their private, consenting behaviour with other adults or on some kind of characteristic that they are not able to help such as their gender or their skin colour. In order to oppose this, political movements to champion the rights of these (at least allegedly) legally persecuted individuals have appeared, such as the suffragette movement and the feminists for women, the 1960s Civil Rights Movement for blacks, and the LGBT (Lesbian, Gay, Bisexual, Transgender) movement. These groups have, to varying degrees of success, achieved a relaxation of legal discrimination against their intended beneficiaries.

The problem with single issue movements is that they do not always understand the principles upon which their complaints are based – or at least, those principles are not applied consistently. Strictly speaking, when it comes to legal rights there are no such things as “gay rights”, “women’s rights”, or “rights of blacks”. There are only rights that apply to every individual by virtue of his status as a rational, human being. According to libertarians, these rights consist of the right to self-ownership and the right to own private property unmolested by the physical interference of any other individual. It follows, therefore, that the attempt by single issue groups to remove genuinely invasive incursions by government into their lives is entirely legitimate. So that, for example, decriminalising sexual relations between two members of the same sex, and removing any legally enforced segregation of blacks from whites would be a perfectly legitimate cause. In other words, so long as these movements seek to achieve the right to be left alone and to be able to interact peacefully with whomever they wish, on a par with every other citizen, their aims are perfectly merited and, indeed, should be encouraged. Unfortunately, in seeking to promote the interests of merely a narrow group of particular people, these groups end up proceeding beyond this point and begin to invade the rights of others in order to provide not just the negative right to be left alone but a positive right or benefit to the favoured group that invades the rights of other people. Thus, having begun in the position of the oppressed the beneficiaries of a particular movement become, in turn, the oppressors, and having achieved their own right to be left alone start to erode that right when it comes to others.

In light of recent judicial decisions in Ireland and the US concerning the legality or constitutionality of gay marriage, we will concentrate, by way of example, on the gay rights movement. However, what we say here is applicable to any single issue movement such as those promoting the interests of a particular race or gender. The political oppression of gays throughout the world is still active in many countries, particularly in those that are deeply religious such as many Middle Eastern states, and they can still prove to be a struggle in countries that are heavily divided on the issue such as the United States. Nevertheless, we can state in countries such as Great Britain that gays have achieved a high degree of political equality with heterosexuals. Gays may engage in sexual intercourse with members of the same sex without legal molestation; institutions set up specifically to attract gay customers such as gay bars, clubs, dating sites and so on are perfectly legal. Moreover, a gay individual may now marry another gay individual on the same footing as heterosexual couples.

However, in spite of having accomplished the ejection of the state’s interference from their bedrooms, the gay rights movement is now attempting to co-opt the state into furthering the interests of homosexuals by invading the rights of other people. The typical case that arises is one of alleged “discrimination on the grounds of sexual orientation”, where a heterosexual individual, or group of individuals, chooses not to do business with a homosexual. For example, if a gay couple wishes to stay at a bed and breakfast the owner denies them lodging because they do not wish homosexuals to stay in their institution. A court case usually follows, the result of which is that business owner is forced to pay damages to the aggrieved gays for “discriminating” against them.

Regardless of whether one is libertarian or not, this attitude is nothing short of rank hypocrisy. Gays reserve the right for themselves to do whatever they want with their own bodies on their own property, but through crying “discrimination” they deny these rights to other people. Moreover, a quick google search reveals that there are hundreds, if not thousands of gay hotels, resorts, cruises, bars, clubs, bathhouses, and dating sites that describe themselves as “gay only” and market their products and services to those of a specific sexual orientation, even if this does not explicitly exclude those of other sexual orientations. How much of a furore would there be if a hotel stated on its website that it was “straight-only”? Ironically, however, there have been complaints from the owners of gay establishments that anti-discrimination laws will negatively impact their operations as their entire business model is based upon serving, exclusively, the needs of gays.

According to libertarians gays most certainly do have the right to do whatever they want with their own bodies with other consenting adults on their own property, as they possess the rights to self-ownership and to private property. And there is absolutely no problem in libertarianism with gays, or anyone else for that matter, setting up businesses and establishments that cater only to gays. But so too, therefore, does everyone else have the right to set up businesses that prefer to cater only to heterosexuals. In reality, though, matters never usually proceed to that level. In the case of a dispute with a bed and breakfast, the owner was happy to do business with the gay couple but was simply not willing to book them a double, as opposed to a twin room. In a more recent case involving a bakery, the latter did not refuse to bake a cake for a gay couple but merely refused to decorate it with a message supporting gay marriage.

If a business does so choose to cater only to straights, this decision may be based on anything from reactionary bigotry and irrational homophobia to deeply held moral or religious convictions (although some would probably say there is little difference between all of those things). Whatever the cause, however, the business accepts the risk that it will lose the money of gay customers. If, therefore, the owners of a bed and breakfast turn away a gay couple, they already incur the penalty of lost revenue for taking this course of action. The gays are denied a room for the night but they do not pay the owners a single penny of their money. The owners therefore risk going out of business sooner compared to other establishments that are not so discriminating and are happy to accept the custom of gay couples. It is for this reason that, for the most part, the competition of the marketplace eradicates discrimination on merely spurious, personal grounds (grounds which we may indeed identify with prejudice and bigotry) but it does not eradicate a choice for the owner to deal with his property as he sees fit. Moreover, the marketplace permits such discrimination to flourish where it is appropriate for customers who are distinguished by a certain characteristic and are interested in purchasing products and services that are designed for people with that characteristic – such as gays. Indeed, there is no specific culture or community that identifies itself as “straight” to which businesses can specifically market their services – there are very few explicitly straight bars, straight hotels and straight clubs etc. Hence the incidence of businesses that may, privately, choose to exclude gay customers are scattered and heterogeneous. But because the quality of being gay is an acknowledged common identity and has generated its own community and culture, the proliferation of gay businesses that discriminate on the grounds of sexual orientation is vast compared to the scattered number of non-gay businesses that do so. And no one should have the right to stop these gay-only businesses from flourishing any more than one should have the right to stop a bed and breakfast from catering only to straights.

One also has to shake one’s head in bemusement at the extreme pettiness at some of these cases that are brought in the west. Apart from the common libertarian complaint of our own governments looting and exploiting the populace on a prolific scale, even without this we live in a world in which there are heinous human rights abuses against women, ethnic minorities, and gays alike involving assault, mutilation, stoning and killing. And yet we in the west are worried about whether a gay couple can get a cake iced. In the fight for any cause, it is true that the smallest of gestures may be better than the grandest of intentions. But when the grandest of intentions have, in fact, already been accomplished, couldn’t they have easily found someone else on the same street to decorate an item of confectionary?

The ongoing issue of gay marriage appears to be the pinnacle of the attempt by the gay rights movement to nest its cause firmly within the bloated bosom of the state. Hitherto there has been nothing to stop to people of the same sex from hiring a venue, gathering all their friends and family, exchanging vows and rings and declaring their union that will forevermore be recognised by their community. The swat team was never about to break down the door after the committal “I do”. The real problem is the lack of legal recognition of the marriage by the state and the denial of the dubious benefits deriving from the state’s use of marriage as a shorthand for creating different legal rights and obligations between the two partners. Thus the issue has never really been about affirming one’s love for another person in front of your friends and relatives; it has been about achieving the state’s sanctifying blessing. Indeed, even after Ireland legalised gay marriage in May of this year the response across the spectrum was less about marriage and more about “acceptance”, “vindication”, “validation”, “recognition”, etc. – as if one needs the state to live one’s lifestyle with confidence. Gay pride seems to have turned into gay diffidence. Far better, to achieve a genuine equality, would be for the state to remove its invasive usurpation of all marriage and return it to its rightful origin as a religious or community affair.

It is sometimes true that if a particular group has been burdened with legal oppression for decades or even centuries then they are, as a whole, left with the “unfair disadvantages” of lower standards of education and employment prospects than the un-oppressed groups. This has been used to justify the government’s intervention to furnish the oppressed group with positive benefits, for example, so-called “affirmative action” for blacks in the United States. Apart from the fact that it is unjust to force everyone else to pay for the oppressive acts of their ancestors, disadvantages are not solved overnight by pretending they do not exist and trying to force an outcome by government fiat. Indeed, they have simply had the opposite effect. Forced economic relations have served only to keep past discriminations kindled and measures such as the minimum wage have excluded blacks from the entire productive system. Arguably, the economic plight of blacks today after half a century of affirmative action is worse than it was before the civil rights era. Only the market place can bring to formerly oppressed groups the opportunities for the development of skills, employment, education, saving, capital accumulation, and entrepreneurship, a process that might have elevated their position to that of others within one or two generations.

All of this goes to show that, while the plight of an individual group or community can be illustrative of a denial of rights, a true understanding of the matter is likely to come only from a consideration of which rights apply to all people everywhere regardless of their particular creed and colour. To approach the matter otherwise simply turns the oppressed into the oppressors. As libertarians we know that only the rights to self-ownership and private property of everyone is the only way to lift the burden of oppression from the shoulders of all groups everywhere so that everyone is free to live their lives as they see fit.

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