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What business does government have in the business of licensing marriage?

A license is issued by government to applicants who meet qualifications and of course, pay a tax, to gain a strictly controlled privilege. Governmental licensing of marriage is a relatively new innovation, with a dark and racist past going back to the mid-1800's. The Constitution somehow omitted central government licensing for people to marry, probably because the Framers never imagined marriage as a privilege, requiring a license.

I'm not gay, so I have no dog in this hunt, but I see the liberal side fighting to gain a permission for something that should already be considered a right and the neocon faction of the GOP fighting to ensure the central government can dictate who marries whom. To the libertarian mind, both sides are fighting for a cause that shouldn't be a factor.

Why should the Federal government be in the marriage business, in the first place, unless it's for power, control and of course, taxation?

7 Answers

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  • 8 years ago
    Favorite Answer

    The state creates rights for couples who are married according to the government's laws. Those rights are not extended to couples whose marriages are not recognized under the law. For example, a couple without a marriage license could get married by a Catholic priest and be recognized as having received the Catholic sacrament of marriage and be bound by that in the church but not be recognized as legally married by the state. Similarly, a Catholic couple who had only a civil marriage ceremony would be legally married but living in sin according to the church.

  • 8 years ago

    Married couples do have tax advantages within the structure of state and federal tax laws. So to require a marriage license is not unheard of or wrong thinking.

    A strictly religious marriage holds no legal power over the individuals. It holds no power in a court as far as asset control, parental rights, etc. So for the government to require a license to marry makes sense and often eliminates legal battles.

  • Deino
    Lv 7
    8 years ago

    Well, there's a lot of law stuff.

    I mean, if you die, then your spouse is your next of kin.

    If the government doesn't recognize your marriage somehow, then it would be your kids or parents. If you don't have kids or parents (which is likely enough), what happens? City Hall auction?

    And what about divorce? With government recognized marriage, divorce proceedings have simple, explicit rules. If every divorce was brought to a more flexible civil court, then things might just be a lot more complicated and tricky.

    We'd have to totally rewrite all sorts of things in regard to divorce rulings, separations and a tremendous amount pertinent to civil unions, I imagine.

    By making marriage something acknowledged by the government, a lot of problems are probably avoided.

    Source(s): My incomplete and uninformed attempt at rationale.
  • Athena
    Lv 7
    8 years ago

    Actually, they don't.

    Marriage is a religious institution.

    You are asking the wrong question.

    As long as you do not plan on your religious institution moving over to civil life, then the government has no say in who you marry or why. However, once you start dealing with civil laws of contract nd property then the government does have an obligation to establish laws government theses actions.

    So, if you want to marry your dog in a small private ceremony, go ahead. No law against it. However, if you want to declare your dog your wife for legal reasons, THEN you run into trouble.

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  • ?
    Lv 7
    8 years ago

    The federal government isn't in the marriage business.

    States are.

    Read the tenth amendment.

    However, the federal government IS in the equal protection business.

    The 14th amendment to the constitution requires that state laws apply equally to EVERYONE.

    READ THE GODDAMN CONSTITUTION.

  • Doc
    Lv 7
    8 years ago

    I would love to tell you none. But when Woodrow Wilson signed the 16th Amendment to allow federal taxation, he trumped the 1st Amendment to freedom of religion. Think about tax exemptions. Suddenly, the federal government is in position to grant a religious status to some while denying others. The 1st Amendment was intended to keep the federal government out of that business. Free to marry whomever you please? Try marrying more than one at the same time and see what the federal government has to say about it. Try marrying someone who is less than 18. Seems you're not nearly as "free" as you're lead to believe.

    Source(s): Historian
  • 8 years ago

    No business what so ever..

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