Local governments restricting free enterprise is very common and I don't see that as a valid point. Slow growth ordinances, deciding big box stores don't fit in, deciding that the community doesn't want that chemical plant, etc. Would you want a dusty and noisy open pit mine next door to your Church?
Whether you like it or not communities have a right to determine what fits in and what doesn't and act accordingly. Sure it can be unfair, or stupid and this is why we have elections.
And the government has every right to be involved in marriage as it alters the legal standing of the people involved and their responsibilities. Who are the heirs? Who has visitation rights to the hospital room? Who are the legal guardians?
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