We-e-ell, the couple in this case went to that backwoods shithole because they live in that backwoods shithole. Davis' lawyers apparently made a similar argument (and lost, of course.) Personally, I would counter that argument with the suggestion that if Davis doesn't like having to obey the Supreme Court ruling in favor allowing same-sex couples to marry, she should just go run for county clerk somewhere in that backwoods shithole known as Uganda. They even have evangelical protestant churches there, she would probably feel right at home... maybe even more than she does in Kentucky.:\What's the point of this bullshit anyways? A small part of me blames the people who go to these backwoods shit holes for their "license". Or even bigger picture, the current implementation of marriage in the US is so goofy that it deserves the crap that happens.
Among a number of things seriously wrong with that whole line of reasoning is the fact that an agreement to be married is not a "standard" contract. It's a special one, with legal ramifications beyond the mutual rights and duties of the parties who enter into it to each other. Entering into a private contract wouldn't entitle the parties to it to recognition under the myriad laws that give married persons rights and upon whom obligations are imposed based on their marital status. Only a legally/government-sanctioned contract of the appropriate sort can do that. Essentially, a marriage contract is one between not only the people involved in the marriage, but between them, individually as well as jointly, and the state.I can sign a valid contract for nearly any reason at anytime without getting some government dimwit involved. Why can't people just sign a standard contract between each other if they feel the need. There doesn't seem to be anything inherent to a marriage agreement that requires the oversight of elected officials.
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