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Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays
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.
Under what authority can the federal government compel states in this regard - if there are no licenses issued, all are treated equal. The Supreme Court has said that States must recognize a right of SS couples to marry, equivalent to the rights of heterosexual couples to marry - it has not said they must marry them. Let the federal government set up shop, if they so desire.
Edit: In many regards, this is no different from the ACA ruling. The court said that people are entitled to the ACA subsidies regardless of where they live and the federal government can provide them - it didn't say the states had to expand their services to accommodate them.
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.