I'm not sure what you are trying to say.
#1 - You are correct, entry into Civil Marriage does not require, as a condition of entering into Civil Marriage that the participants conduct a sex act. Denying sex through, at least in the past, has been grounds for divorce - but that is a different issue.
#2 - Where have you been for the last 20 years? The laws were specifically written to target a group, the laws were written based on gender with the express purpose of denying Civil Marriage to same-sex couples.
#3 - Odd shift workers are not denied the ability to buy beer, they can buy it before shift or they can buy it after the time restriction. No different then State that mandate that businesses the sell alcohol must end sales at midnight, or one o'clock, or two o'clock.