Marriage is Illegal . . . Without a License

[Geee]

National Review:

A license is a permit to do that which is otherwise illegal. State governments issue licenses to protect certain activities in which that state government has a compelling interest. One must have a license to drive, to fly, to practice medicine, to conduct certain business, to teach school, to practice cosmetology, to join the bar and to own one. In order to get married, one must possess a marriage license.

Each license comes with a set of qualifications that must be proven in order to obtain it. Those qualifications always indicate the government’s compelling interest in the activity. To drive, one must prove he or she is a safe and capable driver. The government’ compelling interest is safety. To teach school, one must prove he or she is equipped to teach adequately, prepare children for the rigors of society, and handle unique challenges of certain students. The government’s compelling interest is to perpetuate what is best for the children.

To marry, two people must prove they are of opposite sex, not related, of age, and not married to anyone else. There is no requirement for proof of enduring love, comingling of finances, or even intent to cohabitate. To ask the government to certify any of those things would offend all Americans who jealously guard their individual autonomy. The government has a compelling interest in a legal record of procreation (this is further indicated by the doctrine of presumed paternity), and in creating a lasting environment where children will thrive. The fact that one must obtain a court order to divorce and the existence of tax-based incentives for marriage are other effects of the government’s interest in marriage.