Is all marriage “gay marriage” to you? I don’t understand what you’re trying to say.
The North Dakota State Constitution, Article XI, General Provisions, Section 28. states: Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.
SCOTUS may be able to declare the above Section 28. unconstitutional in terms of the US Constitution, in other words SCOTUS may be able to declare the above Section 28. null and void, but SCOTUS is not able to replace the words in Section 28. with new words.
If Section 28., which defines marriage in North Dakota, is null and void, and there are no new words to replace Section 28.(which there aren’t as far as I know), no new definition of marriage (which there isn’t as far as I know):
What is the legal basis for marriage in North Dakota? (As near as I can tell there is none.)
What is the legal basis for North Dakota legislation regarding marriage if marriage is undefined in North Dakota? (As near as I can tell there is none.)
How can there be laws for something that is not defined? (I certainly don’t see how.)
How can North Dakota law recognize something that is not defined? (I certainly don’t see how.)
If marriage is not defined in North Dakota, how can anybody be or get legally married in North Dakota?