This is the second of three posts inspired in part by the dialogue between Nick Gillespie and Charles C.W. Cooke. The social issues that I have in mind are drugs, abortion, and gay marriage. Some thoughts.
From the civilization-barbarism perspective, one may oppose legalizing marijuana, abortion, and gay marriage to the extent that one believes that civilization depends on, or at least is enhanced by, restrictions against these. However, that is not Cooke’s conservatarian position. He instead favors allowing different communities to adopt different policies. My thoughts:
1. From the freedom-coercion perspective, I see Cooke as trying to argue for a (local) “freedom to coerce.” As a general rule, this is problematic. In fact, the controversy over Indiana’s religious freedom law (or “religious freedom” law, to those who oppose it) may be an illustration of the difficulties with this approach.
During the battle over civil rights, Barry Goldwater applied federalism to argue for states’ rights to impose Jim Crow laws. Milton Friedman argued that businesses should be allowed to engage in discrimination. Today, most Americans believe that Federal coercion to prevent racial discrimination is a good thing, and Cooke supports this consensus.
2. Some conservatives try to appeal to libertarians by arguing that progressive social policies are coercive. For example, a businessman who opposes abortion can be forced to pay for health insurance that in turn pays for abortions of employees. The libertarian counter is that the wrong involved here is not that the businessman is forced to pay for abortions but that he is forced to pay for health insurance.
3. Another conservative line is that without traditional family values, people will become degenerate and thus dependent on the government, leading to bigger government. Call this the David Brooks argument. My own view, as readers of this blog (particularly the posts under the category “Four forces watch”) know, is that bifurcated family patterns are unlikely to be altered by government action.
4. The elephant in the room here is religion and voters who are motivated by it. Just the other day, I saw a full-page ad in the Washington Post using biblical imagery to argue against legalization of gay marriage. There is a long tradition of conservative politicians (and, for that matter, progressive politicians) who are not themselves committed to religious beliefs wanting to appeal to voters who are.
5. Should a baker who is opposed to gay marriage have the right to refuse to sell a wedding cake to a gay couple? I think that the most appropriate libertarian answer is to say that the baker should have such a right. But it seems to me that if you open the door to a right to discriminate, then racists can use that door. On the other hand, if you say that government should be able to force a baker to do business with an unwanted customer, does that mean that government also should be able to force a customer to do business with an unwanted baker?
My preferred society would be one in which (a) there is sufficient market competition so that if you are discriminated against by x you can easily obtain what you want somewhere else. The government has to get involved only if discrimination is pervasive; and (b) religious values are enforced within religious organizations only. If you violate the beliefs of your religion, you can be excommunicated by that religion, but otherwise you should not suffer.
I do not think that this solves the conservatarian dilemma on social issues, but it’s my best shot.