Up until this morning I would have called marriage a state responsibility. Now we find that all along it's been a power reserved to the United States. So I would think states have no business issuing marriage licenses.
States rights died with Fedzilla's conquest of the Independence movement of 1861.
Since the feds have decided they can determine who can and can’t be married the states are opening themselves up to another law suite and other legal burdens if they deny someone a license.
For example 3 or 4 people all want to marry each other.
State may say no, get sued and the fed govt says yes.
States have to take on legal and monetary burden to support a position which they have no say in or no guidance from the feds.
Feds can’t force states to take on monetary and legal burdens for something they have no control over.
This is from the original Obamacare decision, the fed govt can’t force states to pay for that which is the feds responsibility.
Anyone that wants to get married can go get the license from the fed govt. This marriage will be recognized by fed law in every state.
As far as divorce or annulment of a marriage, let the feds decide who is and who isn’t married.
If a man and a woman want to enter into a state sanction union they can get a license from the state that will only be recognized in that state or states that agree to recognize it.
State courts can also dissolve the union.