Originally Posted by JollyRoger

I agree. The state has legitimate interests in a marriage contract. The parties involved are granted generous tax advantages at all levels of government, so in order to record the granting of that right, a license is issued when the contract is entered into. If the marriage dissolves, the state as an interest to see that all children are taken care of, and it provides courts so that property can be distributed in an equal manner. It also has an interest in preventing marriage contracts where the state has a compelling interest to do so. In all of that, I see no place where the state has a compelling or regulatory interest based upon where a person happens to be sticking his penis.