I realize that. My point is that the entire concept of the government being involved in marriage is kind of bizzare. Why do you need to ask the government who you can sleep with, who you visit in the hospital, and who gets custody of your children if you die? I think two people, regardless of gender, should be able to sign a contract between the two that states rights, money, love, sex, children,etc and the state can enforce the contract...
Well, the marriage certificate is that contract. We saw what happened when the states were given room to oversee that contract. I cannot think of an instance where the government itself (not an agent of the government such as a clerk) has denied such a contract/license. As such, I do not consider it as "asking", especially as marriage licenses are pretty much always issued at the time they are requested, as the only prerequisite is that both (soon to be) spouses consent.