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Libertarian perspectives on LGBT rights illustrate how libertarian individuals and political parties have applied the libertarian philosophy to the subject of lesbian, gay, bisexual and transgender (LGBT) rights. In general, libertarians oppose laws which limit the sexual freedom of adults.[1]
On transgender equality, the Libertarian Party of Canada states: "Comedians are being fined by Human Rights Commissions and Bill C 16 arguably compels speech".[2] Bill C16 is properly titled "An Act to amend the Canadian Human Rights Act and the Criminal Code". The bill adds "gender identity or expression" to the list of prohibited grounds of discrimination in the Canadian Human Rights Act and the list of characteristics of identifiable groups protected from hate propaganda in the Criminal Code.
The Liberal Alternative party states: "We wish to make marriage a private affair, whether religious or not, composed simply of two consenting adults, without regard for sex, and with no further obligation beyond going to the local magistrate/city hall to notify the state about the union. This form of civil union would replace the PACS symbolically. Recognition of marriage is, of course, possible".[3]
The minority populist factions of the party oppose same-sex marriage which voted in 2005 for a law that would outlaw instead being in favour of civic unions, while the dominant majority of the party are in favour.
Libertarianz stated in their platform that the party "fully supports the concept of a civil union and would also support allowing marriages between same sex couples, and indeed polygamous marriages or marriages between people who are already related—in all cases as long as all parties are adults and consenting".[4] The organization ceased to exist in February 2014.
The Libertarian Party of Russia has been one of the most active vocal opponents of the 2013 Russian law banning "propaganda of homosexuality" among minors. Libertarian Party activists have participated in demonstrations in front of the Moscow City Duma against the adoption of the law. At a 2012 picket, the Libertarian Party announced its opposition to homophobic laws restricting people's right to freedom of speech.
Anarcho-capitalists believe in stateless voluntary society, thus oppose any law supporting or opposing LGBT rights. The issue of LGBT rights would be left up individually for people to decide whether to support or oppose LGBT rights. Adam Kokesh argues LGBT people should be anarcho-capitalists.[5]
At the first national convention of the Libertarian Party in 1972, the delegates unanimously adopted a platform that included, "We favor the repeal of all laws creating 'crimes without victims' ... such as laws on voluntary sexual relations ..."[6] That year, John Hospers, who was gay (although discreetly so),[7] was nominated as the Libertarian Party's first presidential candidate.[8][9]
In 1975, Ralph Raico helped to create the Libertarian For Gay Rights caucus within the party and subsequently published Gay Rights: A Libertarian Approach.[10] This pamphlet advocated for removal of all restrictions against gays, including repeal of legislation prohibiting unions between members of the same sex. It also, however, opposed laws forbidding private individuals from discriminating against gays, e.g., by refusing to hire them, or to rent or sell houses or apartments to gays, stating "our principles compel us to say that bigotry and prejudice, so long as they do not involve coercion, must also be tolerated."[10]
The second LGBT rights organization to operate from a libertarian perspective was the Libertarians for Gay and Lesbian Concerns. The organization held its first national convention in 1985 and sought to promote libertarianism to LGBT Americans.[11]
In 1998, Outright Libertarians was formed. Outright Libertarians are also affiliated with the Libertarian Party and takes many of the same position that the Libertarians for Gay and Lesbian Concerns did in the 1980s.
In 2009, the Libertarian Party came out against H.R. 1913, a proposed hate crime bill that would add to the federal hate crime statute the categories of sexual orientation, gender identity and disability. The reason the Libertarian Party opposed the proposed hate crimes bill was because it would violate equal justice under the law by creating different classes of victims for the same crime. The Libertarian Party also accused legislators of attempting to buy the support of the LGBT community while still opposing same-sex marriage, and challenged them to repeal Don't ask, don't tell.[12]
In 2013, the Libertarian Party applauded the Supreme Court's decision United States v. Windsor to strike down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional.[13] The Libertarian Party had come out in favor of marriage equality in 2011, although noting that in their ideal society would "not have government in the business of defining relationships at all."[14]
The Libertarian Party currently (as of 2015) takes the following positions relevant to LGBT rights:[15]
