Skylar
Diamond Member
- Jul 5, 2014
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I didn't say collecting money for issuing marriage licenses was a Constitutional reason to or not to issue them at all. I was just wondering if states do not HAVE to, why is a tax / fee charged for issuing them?And the constitutional basis for overturning bans on same sex marriage had nothing to do with financial regulation. Making your argument a pointless strawman.
Read Obergefell. They lay out their constitutional basis. And its nothing you've cited.
If a state does issue marriage licenses (which all do), they have to do so equally. Meaning for both gays and straights. See, the actual basis of the courts ruling wasn't the commerce clause. But instead the equal protection clause.
And Kentucky issues marriage licenses. Ergo, they have to issue them for gays as well as straights.
How is that relevant to the actual basis of the Obergefell ruling?My point was, this fee is basically associated with the act of getting government benefits associated with being registered as a couple, not with 'getting married'. I imagine a couple can be married, assuming would perform the ceremony, without a marriage license if they only cared about the act and God's blessing on the union, which marriage is, and if they do not care about all the perks and 'bennies' provided by the government that comes along with getting a license and being 'officially registered and licensed' as a couple.