Missouri's 7th District, U.S. House of Representatives




Congressional Issues 2010
Libertarian Party on Sexuality

On the left is the Libertarian Platform, and my comments on the right, on Sexuality and Gender.

I.9 Sexuality and Gender  
The Issue: Politicians use popular fears and taboos to legally impose a particular code of moral and social values. Government regularly denies rights and privileges on the basis of sexual orientation or gender identity. Homosexuality, child molestation, bestiality, and other issues are not merely "popular fears" or "taboos." They are contrary to "the Laws of Nature and of Nature's God." All government laws impose a particular code of moral and social values.
The Principle:
  • Consenting adults should be free to choose their own sexual practices and personal relationships.



  • Government does not have legitimate authority to define or license personal relationships.


  • Sexuality or gender should have no impact on the rights of individuals.
  • By using the phrase "consenting adults," the Libertarian Party concedes that the government has the right to prevent adults from having sex with children. Why it is that the government has the right to keep an 18-year old from having sex with a 17-year old, but does not have the right to keep two 18-year olds from having sex in a manner that violates "the Laws of Nature and of Nature's God" is not spelled out.
  • If Congressman Mark Foley committed homosexual acts with a 16-year old Congressional Page, that would constitute a "personal relationship," but the LP would probably concede the right of the government to define, license or prohibit it.
  • The LP would also qualify the last sentence in this section, by admitting that felonious child molesters could have their right to vote taken from them by the government.
Solutions: Culture wars, social friction and prejudice will fade when marriage and other personal relationships are treated as private contracts, solely defined by the individuals involved, and government discrimination is not allowed. A contract with a garbage man to pick up trash is not in the same category as a marriage vow between a man and a woman. A nation should always be at "war" with cannibalistic culture, or any other culture which is contrary to "the Laws of Nature and of Nature's God."
Transitional Action:
  • Repeal the federal Defense of Marriage Act and state laws and amendments defining marriage.
  • Oppose any new laws or Constitutional amendments defining terms for personal, private relationships.


  • Repeal any state or federal law assigning special benefits to people based on marital status, family structure, sexual orientation or gender identification.
  • Repeal any state or federal laws denying same-sex partners rights enjoyed by others, such as adoption of children and spousal immigration.


  • End the Defense Department practice of discharging armed forces personnel for sexual orientation. 


  • Upgrade all less-than-honorable discharges previously assigned solely for such reasons to honorable status, and delete related information from military personnel files.



  • Repeal all laws discriminating by gender, such as protective labor laws and marriage, divorce, and custody laws which deny the full rights of each individual.
  • Laws written and enacted by state legislatures or federal agencies do not define "marriage." They simply acknowledge marriage for what it is. Marriage is defined by "the Laws of Nature and of Nature's God."
  • Just because a relationship is "private" or "personal" does not mean the government cannot address it. Nor does it mean that neighbors, employers, teachers, clients, buyers, sellers, or anyone else cannot address another's "sexual orientation" through conversation, nagging, bribery, boycotts, or other pressure to repudiate that "sexual orientation."
  • The government has the right to lower taxes for heterosexually married people. Lowering taxes is libertarian.
  • Everyone has the right to say that the "adoption" of a child by a homosexual couple is not a legitimate "adoption." There does not need to be, nor should there be, an entity called "the State" to make any declarations one way or the other concerning adoption or immigration.
  • Tax-supported armed forces should be abolished. There is nothing unconstitutional about the Defense Department discharging those who are "oriented" toward pedophilia. Similarly, there is nothing unconstitutional about the Defense Department discharging those who are "oriented" toward homosexuality. The Defense Department should discharge everyone, period.
  • There is nothing unconstitutional or even un-libertarian about the Defense Department discharging homosexuals for violating a "Don't Ask, Don't Tell" policy against homosexuality. There is nothing un-libertarian about a symphony orchestra discharging a basoonist for unauthorized breathing. Being conscripted into the armed services (or an orchestra) is un-libertarian. There is no constitutional "right" to join the armed forces voluntarily.
  • Ultimately, a "nightwatchman" state would have nothing to say about labor law or family law.



back to: Sexuality and Culture