Paratus
Lifer
- Jun 4, 2004
- 17,643
- 15,831
- 146
It doesn't mean you can't have one, it means you can't have another one. Plus it isn't just about having a second marriage license. Denying you access to a second license denies you the ability to marry another person, so a single person can marry Sally but a married person cannot marry Sally. What gives the government the authority to refuse to allow a married person to marry Sally?
Single people can only have one at a time too.
Marriage is a contract. Contracts restrict who are part of them all the time. They can also restrict which other contracts people enter into.
If there was some constitutionally significant discrimination going on the best you could do would be to have the court rule that the legislature needs to define the rules. I personally don't see that discrimination, of course that doesn't mean it doesn't exist.