Political Positions of Ron Paul - Civil Liberties - Same-sex Marriage

Same-sex Marriage

Asked his opinion on same-sex marriage in October 2011, Paul expressed his support for marriage privatization by replying, "Biblically and historically, the government was very uninvolved in marriage. I like that. I don't know why we should register our marriage to the federal government. I think it's a sacrament." In the same interview, when asked whether he would vote for or against a state constitutional amendment like California's Proposition 8, he said, 'Well, I believe marriage is between one man and one woman."

Previously, in a 2007 interview, Paul had said that he supports the right of gay couples to marry, so long as they didn't "impose" their relationship on anyone else, on the grounds of supporting voluntary associations. He also said, "Matter of fact, I'd like to see all governments out of the marriage question. I don't think it's a state function, I think it's a religious function." Paul has stated that in a best case scenario, governments would enforce contracts and grant divorces but otherwise have no say in marriage. He has also said he doesn't want to interfere in the free association of two individuals in a social, sexual, and religious sense. When asked if he was supportive of gay marriage, Paul responded, "I am supportive of all voluntary associations and people can call it whatever they want."

Paul had also said that at the federal level he opposed “efforts to redefine marriage as something other than a union between one man and one woman.” He believes that recognizing or legislating marriages should be left to the states and local communities, and not subjected to "judicial activism." He has said that for these reasons he would have voted for the Defense of Marriage Act, had he been in Congress in 1996. The act allows a state to refuse to recognize same-sex marriages performed in other states or countries, although a state will usually recognize marriages performed outside of its own jurisdiction. The act also prohibits the U.S. Government from recognizing same-sex marriages, even if a state recognizes the marriage.

He has opposed the Federal Marriage Amendment, which would amend the US Constitution to define marriage as the union of one man and one woman, because he worries that with its passage “liberal social engineers who wish to use federal government power to redefine marriage will be able to point to the constitutional marriage amendment as proof that the definition of marriage is indeed a federal matter! I am unwilling either to cede to federal courts the authority to redefine marriage, or to deny a state’s ability to preserve the traditional definition of marriage.”

Paul has been a cosponsor of the Marriage Protection Act in each Congress since the bill's original introduction. It would bar federal judges from hearing cases pertaining to the constitutionality of the Defense of Marriage Act. Speaking in support of the Marriage Protection Act in 2004, he urged those of his fellow congressional representatives who “believe Congress needs to take immediate action to protect marriage” to vote for the bill because its passage, requiring only simple majorities in both Houses of Congress, would be much more readily achieved than the passage of the Federal Marriage Amendment, which, as a Constitutional amendment, would require not only much larger majorities in both Houses but also ratification by the state legislatures.

In 2005, Paul introduced the We the People Act, which would have removed from the jurisdiction of federal courts "any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction" and "any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation." If made law, these provisions would remove sexual practices, and particularly same-sex unions, from federal jurisdiction.

In February 2011, Attorney General Eric Holder announced that the Obama administration's Justice Department had determined that a key provision of the Defense of Marriage Act was unconstitutional and, as a result, the administration would no longer argue in support of the act's constitutionality in court. Paul issued a statement to Iowa Republicans criticizing the Obama administration's position, saying: "Like the majority of Iowans, I believe that marriage is between one man and one woman and must be protected. I supported the Defense of Marriage Act, which used Congress’ constitutional authority to define what other states have to recognize under the Full Faith and Credit Clause, to ensure that no state would be forced to recognize a same sex marriage license issued in another state."