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There is no need to because the States Amended their Constitution and revised Statutory law, it has nothing to do with Common Law. Hell the vast majority of states don't allow for common law marriage anymore.
The States enacted Amendment and Statutory laws, you were backed into a corner and are now trying to deflect.
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19 states authorize gay marriage, only 31 more to go, go for it. This is really a slippery slope and violates the country the founders created, a small limited central govt. This is a state issue, what next on the leftwing agenda to destroy states' rights?