Libertarian National Committee Chair Evan McMahon has condemned recent remarks from the Libertarian Party of San Francisco concerning age-of-consent laws, saying the national party rejects opposition to those laws and supports legal protections against the sexual exploitation of minors.
McMahon’s statement was published by the national Libertarian Party on Thursday, October 29, following criticism from social media users and members of the party over comments made by the county affiliate. The party made its remarks in response to an X thread by Region 1 Representative Austin Martin, who had referenced unverified rumors of inappropriate communication between a party candidate and a 14-year-old.
“Libertarian anarchists don’t believe in any laws, so of course they/we don’t believe in ‘age of consent’ laws either,” the Libertarian Party of San Francisco said. “Even non-anarchist Libertarians typically feel decisions about when to do adult things should be between young people and their parents/guardians, not the State.”
Martin said the party’s remarks sounded like an attempt to justify legalizing pedophilia, prompting the county group to follow up with a second post in which it asked him if he understood the term. It defined the term as “sexual attraction to children who haven’t reached puberty” and “not an action,” noting that child sexual abuse is criminalized rather than pedophilia itself.
“Few things are more unlibertarian than creating thought crimes, criminalizing desire,” the party added.
In his statement, McMahon said the suggestion that libertarian principles require opposition to age-of-consent laws misrepresented the party’s positions on the matter. He called consent foundational to libertarianism, arguing that without it, liberty could not exist.
McMahon referred to Section 1.4 of the national party’s platform, which specifically protects the freedom of consenting adults to choose their own sexual relationships. He said that language applies only to adults and not children, who lack the mental capacity to provide meaningful consent.
McMahon also said he recognizes and respects the authority of the Libertarian Party of California to determine how best to address the statements made by its San Francisco county affiliate. He added that the national Libertarian Party should similarly respect that authority while otherwise remaining committed to its principles.
The full statement issued by McMahon is republished and preserved below:
Recent comments posted by the Libertarian Party of San Francisco regarding age of consent laws have understandably raised serious concerns, both within our party and among the public. Let me be absolutely clear, the Libertarian Party rejects the opposition to age of consent laws and unequivocally supports the protection of minors from sexual exploitation and abuse. Any suggestion that our principles require otherwise is a fundamental misrepresentation of Libertarianism.
Consent is foundational to Libertarianism. Without consent, there is no liberty.
Our opposition to the initiation of force and fraud is rooted in a simple principle: every individual has the right to control their own body and their own choices. But meaningful consent requires more than the absence of physical force. It requires the capacity to understand what is being agreed to, the information necessary to make an informed decision, and the freedom to say no without coercion or manipulation.
A person who lacks the capacity to meaningfully consent cannot simply be declared a willing participant. And minor children do not have the mental capacity for meaningful consent.
Our national platform is explicit. Section 1.4, addressing personal relationships, states: “Consenting adults should be free to choose their own sexual practices and personal relationships.”
Adults. Consenting adults. Those words matter.
Our platform also recognizes the rights of children to be free from abuse and neglect. Those protections are entirely consistent with our commitment to individual liberty. Children possess individual rights, and protecting those rights from exploitation and abuse is a responsibility we cannot abandon.
Whether it is a drone strike on a school or hospital, powerful and politically connected predators being shielded from accountability, children trapped in failing government schools, or politicians and bureaucrats overriding the medical decisions of families and their healthcare providers, the Libertarian Party has consistently condemned the systemic harm inflicted on children by governments at all levels.
A child harmed by a predator deserves justice. A child harmed by government deserves that same justice.
The non-aggression principle is not a loophole for predators. It is a commitment to protecting people from them.
I reject any suggestion that the Libertarian Party’s principles require us to oppose the protection of minors from sexual exploitation. Such a position does not represent the national Libertarian Party or the principles expressed in our platform.
I also recognize and respect the authority of the Libertarian Party of California to determine how best to address the statements and actions of its San Francisco county affiliate. I trust that its leadership will take these concerns seriously and address them through its established processes. The national party should respect that organizational authority while remaining unequivocal about our own principles.
Liberty belongs to everyone, including those who cannot yet defend it for themselves. Our responsibility is to ensure that their rights are respected, and those who violate them are held accountable.
In Liberty,
Evan McMahon
Chair – Libertarian National Committee
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