I'm making the case for removing these types of issues from the state's jurisdiction. By making marriage a legal right, that leaves the courts fairly wide sway in deciding what all the ramifications of that right are.
By making marriage a legal right, that leaves the courts fairly wide sway in deciding what all the ramifications of that right are. A) It's not a right.
B)The limits of the privilege are defined by the People, through their representatives.
If you are a libertarian, you should be first in line to deny courts any power to intervene in matters of this nature - legislation by a tiny, unrepresentative minority is the ultimate in anti-Liberty action.