Again, the Common Law is very clear here, and is a pillar of American society.
You’ve knocked off one pillar just like that. What makes you think that trial by jury and habeaus corpus are going to be preserved?
This predates the constitution - the common law was in force in the colonies prior to the creation of the United States.
Yes, it is the law in America, has always been the law.
In the United States, until the mid-19th century, common-law marriages were recognized as valid, but thereafter some states began to invalidate common-law marriages. Common-law marriages, if recognized, are valid, notwithstanding the absence of a marriage license. The requirement for a marriage license was used as a mechanism to prohibit whites from marrying blacks, mulattos, Japanese, Chinese, Native Americans, Mongolians, Malays or Filipinos. By the 1920s, 38 states used the mechanism.
I think we are arguing the same point. Marriage between a man and a woman has been common law, but it wasn’t until recent history that the gov’t got involved in issuing licenses. In England for years a marriage wasn’t invalidated without a license and then licenses were issued by the Church, not the State. Notice I said that gay people could CLAIM to be married, not that it would be accepted by common law.
Trial by jury and habeaus corpus have nothing to do with this issue. This issue is forcing people to accept something based on a private moral issue that most people have a religious objection to.