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Re: Texas AG Says Workers Can Refuse Marriage Licenses to Gays
That's not an argument I'm making. The Feds could, arguably should, take over licensing. Or better get the government out of the licensing business altogether. The only real role for the state is to insure that both sides don't misrepresent themselves - i.e. if someone says they aren't married that they really aren't married, to adjudicate cases where the marriage contract isn't complied with and to insure that minors are cared for. Outside of that people should be able to craft their own marriage agreement - even if it's to say "we'll use a government drafted template contract."
The reality is that it won't happen. Any state stupid enough to suspend issuing all marriage licenses is going to get its ass kicked both by the Feds and it's own citizens. I know if I was looking to marry and NY indefinitely halted issuance of marriage licenses over this my next stop after the NY clerk's office would be the courthouse.
Arguing that you can't do something new because of what currently exists isn't a winning argument. States would simply have to pass legislation removing themselves from the marriage licensing business and eliminating all State tax and other State benefits that accrue to holding that license. That does not impinge on the feds ability to issue licenses or for States to recognize those licenses or licenses from other States for other purposes.
That's not an argument I'm making. The Feds could, arguably should, take over licensing. Or better get the government out of the licensing business altogether. The only real role for the state is to insure that both sides don't misrepresent themselves - i.e. if someone says they aren't married that they really aren't married, to adjudicate cases where the marriage contract isn't complied with and to insure that minors are cared for. Outside of that people should be able to craft their own marriage agreement - even if it's to say "we'll use a government drafted template contract."
The reality is that it won't happen. Any state stupid enough to suspend issuing all marriage licenses is going to get its ass kicked both by the Feds and it's own citizens. I know if I was looking to marry and NY indefinitely halted issuance of marriage licenses over this my next stop after the NY clerk's office would be the courthouse.