[freeeee]

The state does not exist to serve one basic human society but to regulate the competing interests of the multiple basic societies it comprises.

Agreed.

The state cannot competently regulate these competing interests unless it has the power to regulate the basic society from which the competing interests flow.

Sure it can. The state upholds the rights of the 'basic societies'. When they aren't bothering others, they are left alone.

For example: A state needn't issue marriage licenses to prosecute theft.

Do you have any examples that back your theory?

[eastsider]

The state upholds the rights of the 'basic societies'.... For example: A state needn't issue marriage licenses to prosecute theft. Do you have any examples that back your theory?

If it weren't for the fact that the genital union of a man and woman is presumptively fertile and that children need to be weaned, reared and educated, the state would have zero interest in recognizing their relationship. So I'd have to say, then, that these are the fundamental marital rights that the state agrees to protect and which it can do competently only if it has the power to say whether an underlying marriage exists.