Marriage and the Limits of Contract
Marriage is a naturally occurring, pre-political institution that emerges spontaneously from society. Western society is drifting toward a redefinition of marriage as a bundle of legally defined benefits bestowed by the state. As a libertarian, I find this trend regrettable. The organic view of marriage is more consistent with the libertarian vision of a society of free and responsible individuals, governed by a constitutionally limited state. The drive toward a legalistic view of marriage is part of the relentless march toward politicizing every aspect of society.
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Government does not create marriage any more than government creates jobs. Just as people have a natural “propensity to truck, barter and exchange one thing for another,” in Adam Smith’s famous words from the second chapter of The Wealth of Nations, we likewise have a natural propensity to couple, procreate, and rear children. People instinctively create marriage, both as couples and as a culture, without any support from the government whatsoever.
