What I keep finding comical is that few want to step up to the plate and resolve the first case problem, namely is there REALLY a clear and compelling state interest that supports the socialisticalist doggeral of the marginally useful 'marriage license' that are issued by the state.
Or is that a clear and compelling proof in itself, that folks 'get what they pay for' - and that we should actually be rescuing hetVolk from the horrors of socialism, rather than that we should be limiting this form of Socialist Repression Of The Free Market, so that Gays are Protected from Nepalese Maoist Repression.
Be realistic folks, do you want the same organization that gave us the State Of California and/or The Postal System to be regulating, rationing, and repressing the free trade in marriage licenses?
Ah yes, what if using first principles in the first place were a good place to start from? Or is that really the BigFuggly here - that to step back and look at which framework we are using, may help us differentiate the painting from the wall we are hanging it on....
And as they say in Men In Black
And, uh, oh - hire a decorator to come in here quick, 'cause... *damn*.