Monday, December 28, 2015

Get state out of the marriage business altogether, proposes State Rep. Rick Womick

 In the past I have often disagreed with some of the positions taken by Representative Rick Womick. Now however, I think Womick has come up with an idea that has merit and that is that the State should simply stop issuing marriage license. There is nothing that I am aware of that requires the state to issue marriage license.  The Supreme Court has said the State can not refuse to issue a marriage license to two people of the same sex.  However, what would happen it the State did not issue any marriage license?

People could still go to the local court house and have their marriage recorded, just as they can have a prenuptual agreement, a will, or a mortgage lien recorded. By recording something, the State bears no responsibility for its accuracy.  If Donald Duck and Micky Mouse want to have a marriage license recorded, the recording authority is simply recording the data, not validating it. It three people want to record a "marriage" that does not in and of itself make it legal or condoned by the State. If people want to get married and not bother recording the marriage, that would be fine too; they would still be married. I like what Womick is saying.  Unless I hear a persuasive agreement as to why this is not a good idea, I am for it.

I am not one who believes in the discredited theory of nullification. However, not cooperating with the Federal government is not the same as defying the Federal government. The U. S. Constitution does not even mention marriage.  Surely there is no way the Federal government could force a state to issue marriage license if the state decided to get out of the business of  doing so.

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1 comment:

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