Fact:  Licenses
 are generally enforced by laws, not Constitutional amendments. There 
has been no legal license to same-sex marriage in North Carolina since 
1996. This amendment will not make it any more illegal, though it will 
make more things impossible to make legal: domestic partnerships and 
civil unions. Whether "we" "want to" grant these licenses or not, they 
are happening anyway. These licenses are being granted by governments 
across America and the globe. The real issue here is whether our state 
wants to recognize already existing gay marriages of the citizens of the
 world. 
A license is a way for the public to control 
who gets to do things, and under what circumstances - and licenses are 
generally used when there is a compelling public interest. Architects 
must be licensed, but graphic designers don't. Why not? There's no 
compelling public interest. It's the responsibility of those arguing for
 restrictive licensing to demonstrate a compelling public interest, and 
that demonstration must rely on quantitative analysis rather than 
abstract, unfounded fears. What is the term for government regulation 
which has no legitimate purpose? Excessive government control and 
overreach. Or, simply, discrimination. 
As a society, 
we long ago realized that the possession of a marriage license alone 
tells us little about who has familial responsibility and who should be 
protected. Our familial concerns in “protecting society”, in other 
words, exceed the mere marriage license. Currently, a significant number
 of America's children are born to unmarried people, and we've agreed 
that these children shouldn't be denied inheritance rights, parental 
support or legal standing just because their parents are not married. We
 no longer employ, or even quite understand, the phrase "bastard child".
 In earlier history, divorce was difficult or impossible. The concept of
 illegitimacy faded as divorces became more attainable: couples raising 
children didn’t have to wait for a former spouse to die before they 
could marry. 
That being said, a close reading of our 
colonial and state history shows that marriage licenses have been used 
primarily as a means of archiving vital statistics, as a tool in 
adjudicating matters of inheritance and property, and as 
revenue-generators. Governor Tryon, in 1771, in announcing his 
justifications for the "Act to Regulate the Issuing of Marriage 
Licenses", wrote, "[The Act] will better secure the fees due to the 
Governor and give him a summary way of calling the clerks regularly to 
account with him; a habit little known or practiced among some of them."
 The Governor had worked himself into a lather about not getting all the
 revenue he deserved from marriage licenses.          
Not
 insignificantly, marriage licenses have been used since 1741 in North 
Carolina to "protect society" against a Caucasian human being marrying a
 black human being. Not satisfied with that level of "protection", by 
the 1920's at least 38 states enforced anti-miscegenation laws and 
licenses to prohibit white people from marrying Japanese, Chinese, 
Native American, or Mongolian people. In Virginia's notorious 1955 
Supreme Court decision in Naim v. Naim, the court stated: “The 
preservation of racial integrity is the unquestioned policy of this 
State.” The court also said that it saw no Constitutional prohibitions 
against Virginia enacting legislation to preserve the racial integrity 
of its citizens "so that it shall not have a mongrel breed of citizens".
 It went on: "We find there is no requirement that the State shall not 
legislate to prevent the obliteration of racial pride, but must permit 
the corruption of blood even though it weaken or destroy the quality of 
its citizenship. Both sacred and secular histories teach that nations 
and races have better advanced in human progress when they cultivated 
their own distinctive characteristics and culture and developed their 
own peculiar genius." Compelling government interest, indeed.
--
[The State Records of North Carolina, Volume 8", William Laurence Saunders]
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