Again, the government isn’t “in the marriage business,” they are merely recorders of marriage - that is it. They don’t tell anyone how marriages must be conducted, how they are to be lived, or any of the details of marriages. There is no competency test or renewal requirements. Marriages don’t expire, except upon the death of one of the participants.
The fact is that marriage IS a public matter if it affects only one other person outside of this covenant. And when children are inevitably involved, this passes that test. Marriage has ALWAYS been a public pronouncement and commitment, even in saner times. This is just recognizing reality.
When government defines who is married and who is not, and when it will officiate a marriage, then it not only “is in the marriage business” but it has seized control over the marriage business, especially when it then enforces its requirement to have a government-issued license to marry.
I would be happy if all that government did for marriage was serve as a recorder after-the-fact, such as the current office of Recorder of Deeds.
Asserting that marriage is a public matter does not make it so. Even today, some couples will present themselves to a government official to be married in a “civil ceremony” and there is no requirement to announce it to the public.
“Jennifer Aniston And Justin Theroux Marry In Private Ceremony At Their Bel Air Home”
http://www.hngn.com/articles/116657/20150806/jennifer-aniston-justin-theroux-marry.htm