Currents

Imagine a world where individual freedom is the cornerstone of society, where people are judged by their actions rather than their group category, and where the role of government is centered on protection rather than persecution. This is the classically liberal vision the United States was built upon, and it’s one we must continue to fight for when it comes to democracy, free markets, the rule of law, and LGBT rights. As we will see, the recent surge of reactionary, illiberal voices in our society poses a significant threat to the progress we have made on LGBT rights, and it’s up to those of us who care about classical liberal values, whether we call ourselves libertarians, liberals, progressives, or conservatives, to defend liberty.

Signs of this rising authoritarian tide are sadly all too common. US states have begun waging a legislative war on Pride while right-wing activists target Pride-friendly companies with boycott campaigns and online abuse. Local governments are banning books with LGBT themes from schools. Opinions on same-sex relations and basic sexual freedoms are backsliding. Sex research itself has even come under attack.

Prominent voices such as Ben Shapiro — a self-described defender of the Second Amendment — have endorsed the use of red flag laws to disarm transgender people. Commentator Michael Knowles has called to “eradicate transgenderism” from public life — something that can only be accomplished through extreme government coercion. And Matt Walsh has gone so far as to say the government should ban all gender transition surgeries, no matter the age of the patient. A recent law in Florida grants the state the power to tear families apart if parents seek gender-affirming care for their children, not only undermining parental rights but also cementing government intrusion in healthcare decisions on an unprecedented level. Meanwhile, other states have launched an assault on the free speech and expression of even fully-clothed drag performers. It just goes on and on. These developments should be gravely concerning to anyone who cares about liberty, regardless of their political leanings.

Individual freedom and liberty have been part of the American ideal from its very founding. The Declaration of Independence, which promised life, liberty, and the pursuit of happiness, stood soundly on these ideas. While imperfectly applied at the country’s inception, over time, these values have led to the expansion of individual rights, from the abolition of slavery to civil rights, women's rights, and LGBT rights. And it was classically liberal thinkers, like John Locke and Condorcet, who laid the groundwork these rights are built upon.

Somewhat more recently, in 1960, the Nobel Prize-winning economist Friedrich Hayek perfectly encapsulated the classically liberal case for LGBT rights when he argued that "private practice among adults, however abhorrent it may be to the majority, is not a proper subject for coercive action for a state whose object is to minimize coercion."

In recent history, the libertarian movement, one of the offshoots of classical liberalism, helped fight for LGBT rights, advocating for individual rights, minimal government intervention, non-coercion, and equality before the law. This is why, as someone who has long been involved in libertarian activism, it is so frustrating to see the recent backslide in attitudes about sexual freedom. During the 1960s, the United States experienced an upswing in social liberalism, civil rights activism, and protests against the carnage of the Vietnam War, setting the stage for the modern libertarian movement. Early libertarians challenged the prevailing conservative norms, embracing sexual freedom and lifestyles that diverged from traditional expectations.

Throughout the 1970s, 80s, and 90s, libertarians played a critical role in the fight for LGBT rights. Indeed, the Libertarian Party, established in 1971, has openly and proudly championed equal rights since its inception, many decades before that became a cause célèbre among Democrats. The party's early platforms called for the repeal of anti-LGBT laws, and later versions were among the first to endorse the legalization of same-sex marriage and ending the "Don't Ask, Don't Tell" policy.

We libertarians believe that LGBT individuals must always have the right to live their lives without discrimination or government interference. The principle of equal rights for all individuals, regardless of their sexual orientation or gender identity, is non-negotiable for anyone whose political worldview is based on liberty. If you call yourself libertarian without supporting these individual rights, you stand in opposition to the foundational principles that define our movement. Libertarianism emphasizes the sovereignty of individuals over their own bodies and minds, rejecting the idea that the state or anyone else has any business dictating private practices among consenting adults. Throughout history, we have been at the forefront of the push for the decriminalization of homosexuality and bisexuality, the repeal of sodomy laws, and for equality before the law.

As recently as the 1960s, same-sex relations were illegal in almost all states, with 13 states maintaining such laws until 2003. However, as the LGBT rights movement gained momentum, society's attitudes shifted, and governments began to gradually back away from enforcing these discriminatory laws. But despite this past progress, the battle to safeguard and expand LGBT rights in the United States remains contentious.

Today, authoritarians across the political spectrum are attempting to use moral panic to drive a wedge between parents and children and between individuals and their communities. While the hard left is trying to disempower the parents of gender-nonconforming kids either by bullying them or going behind their backs, the reactionary right is using these moral panics to create hostility and restrictive legislation aimed mostly at trans people. These efforts have already begun bleeding into a broader anti-LGBT bigotry today, and can quickly be turned against anyone tomorrow. It is essential for those with a principled commitment to freedom to be the adults in the room, focused on blocking these bills and overturning those that have passed in order to protect the freedom of all people from unjust targeting and persecution.

Those of us who value liberty must be prepared to speak out against any creeping authoritarianism within our own circles and uphold the importance of treating all citizens equally under the law in order to stay true to our values. We must defend the rights of every citizen, no matter what. By standing firm in our principles and fighting against bigoted incursions on the rights of LGBT people, we can ensure that the classically liberal vision of a world where all are free to live their lives without fear or discrimination remains a north star for generations to come.

Published Aug 17, 2023