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Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays
How is a State denying a couple the right to marry if it doesn't issue licenses to anyone? They can still marry in a church, or they can marry in another State. And why should the State carry the Feds water? If the Feds offer benefits for marriage, they can damn well arrange to marry people. How is this any different from the ACA insurance exchanges that some States refuse to enact?
Issuance of marriage licenses is a State responsibility. Some federal benefits are conditioned on being married. For a state to deny a couple the right to marry denies them Federal benefits they'd be otherwise qualified to receive and thus deny them equal protection.
How is a State denying a couple the right to marry if it doesn't issue licenses to anyone? They can still marry in a church, or they can marry in another State. And why should the State carry the Feds water? If the Feds offer benefits for marriage, they can damn well arrange to marry people. How is this any different from the ACA insurance exchanges that some States refuse to enact?