I would go so far to say that since ALL the several States that ratified the Constitution, A4:S2:C1 in particular, honored common law marriage that all State laws requiring a license to wed are in fact in abeyance of said clause.
Likewise, the body of P&I mentioned by the clause being the only applicable body of rights retained among the several States when the 9th Amendment was ratified to be the other rights retained, such laws enacted under federal authority where there is no State Jurisdiction are likewise unlawful.
We need Regulatory Decapture on so many levels, and screw the desire of all lievels of government to try to raise funds by issuance of licenses on the pretense of managing society.
“We need Regulatory Decapture on so many levels, and screw the desire of all lievels of government to try to raise funds by issuance of licenses on the pretense of managing society.“
Yea, what you said.
L
With “gay marriage” being de rigueur, marriage itself might as well be busted down to “householding.” Any meaning transcending that needs to be in the bailiwick of the church, temple, or other “house of worship.” Whether it worships Jesus or Cthulhu or the Flying Spaghetti Monster.