Marriage is not an enumerated power of the Feds. They should butt out. The only issue for SCOTUS is one of “full faith and credit”.
Marriage “licenses” we’re unheard of up until less than 100 years ago. In. Y opinion all levels of government should keep their noses out of how consenting adults chose to order thier lives.
Absolute, total nonsense, Thomas Jefferson had a marriage license, George Washington paid for his nephews, licenses go back to the 1300s, and Banns before that.
Here is Jefferson’s license.
Bond for Marriage License
[23 December 1771]
Know all men by these presents that we Thomas Jefferson and Francis Eppes are held and firmly bound to our sovereign lord the king his heirs and successors in the sum of fifty pounds current money of Virginia, to the paiment of which, well and truly to be made we bind ourselves jointly and severally, our joint and several heirs executors and administrators in witness whereof we have hereto set our hands and seals this twenty third day of December in the year of our lord one thousand seven hundred and seventy one.
The condition of the above obligation is such that if there be no lawful cause to obstruct a marriage intended to be had and solemnized between the abovebound Thomas Jefferson and Martha Skelton of the county of Charles city, Widow,1 for which a license is desired, then this obligation is to be null and void; otherwise to remain in full force.
th: jefferson
francis eppes
Marriage is not a civil-right issue any more then a obtaining a driving license is a civil-rights’ issue. One does need to ask permission of the State and obtain a license to exercise a right.
Accordingly, it’s not a civil-rights issue, not a 14th issue and not under the jurisdiction of the federal courts.