This sounds like the legislators who wrote it didn't think through all the secondary considerations such as the necessity of explicit age requirements. These types of issues are typically addressed during the Errors & Correction step in passing a bill.
In terms of common law marriage, every state needs to explicitly ban it. It's a relic from a time when judges rode a circuit and it might be months before Judge Horsehocks showed up (longer in winter if the snow was heavy). Common law marriage existed to allow couples to announce they were married, move in together, consumate their nuptials, and then whenever the judge showed up he would provide the official paperwork. These days there's zero reason for that - walk your lazy butt down to the county clerk's office.
Idaho does not recognize common law marriage. I never thought of the homo/degenerate angle. IMO marriage license is a tax. I don't see banning it affecting anything. People will still live together sans marriage, and have been for centuries.
I can see marriage licenses as a tax or a fee for providing a persistent public ledger record of a contract which carries certain legal privileges (e.g. you can be compelled to testify against the guy you shacked up with, but not your spouse).
Good point
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