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For what? The license predating the social institution? It doesn't. The founding fathers did not have to ask government's permission to get married (which is what the Marriage License really is, and what it was originally intended to be). I don't know what you want me to argue for. But whether the chicken came first or not is inconsequential to the current debate on hand.
it certainly is not. since the legal system stems from that social institution, it remains bound to it.