Civil marriage is not a religious institution
Atheists can get marriage licenses. Couples can get marriage licenses even when their religious institutions wouldn't recognize the marriage. States don't make sure that a divorced Roman Catholic has a religious annulment before s/he can enter into another CIVIL marriage. States don't make sure that a Jewish woman has a \"get\" (religious divorce document) before she can remarry. (All this assuming that the couple is a woman and a man. Only a handful of U.S. states have gender-neutral marriage laws.)
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California Prop 8, which states \"only marriage between a man and a woman is valid or recognized in California\" should stand.
Children are best served when reared in a home with a married mother and father.