Exactly. If marriage is on a par with free speech and religion as a fundamental right, then the government has no authority to require anyone to get a license to get married. Effectively then, anyone can marry anyone.
The Bill of Rights lists our “God given” and “inalienable” rights, none of which requires a license to exercise on their most basic level. Anything which requires a license is a “privilege” (driving, concealed carry, etc.).
That’s actually a profound legal thought, P-M. Since this is a ‘freedom’ on par with the first amendment, and in fact, it apparently will trump the religious protections of the first amendment, who is the government to even dare to ‘license’ a FUNDAMENTAL RIGHT.
What other ‘fundamental rights’ do they require a license for? Not guns...they tried and failed. Not speech...although they’d sure like to.
Have they succeeded a bit with ‘petition and assembly’?