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- Jul 21, 2005
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Of course, considering marriage is a civil contract given out by the state. The state issues the marriage license, marriage is a social contract, and therefore the state's populace can vote on how to define marriage and that civil contract.
However they can only do so within the scope of the states power...IE, as long as it doesn't violate federal/constitutional law. If the state wants to vote, to save money in terms of workers, that marriage licenses will only be available on Fridays and Saturdays that'd be one thing and likely okay (no quoting me on that, just a shot from the hip for a nexample). On the flip side however, they could not vote to allow only people of the same race to be married due to the Supremacy clause causing the 14th amendment to apply to the states and thus disallowing them to discriminate via race.