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.
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.