But there is a blurring of the lines. I think in that there is a problem. At least as far as perception goes.
Exactly.
I never claimed there was a requirement to have a ceremony in a church or in any particular church. The problem is that the actions of clergy are given civil recognition as executing the marriage license.
We all know the traditional marriage phrase, "by the authority vested in me by the State of. . . . " IMO, this means they are acting as agents of the state.
[ETA: Here's just one example. In Hawaii, the license is what permits a marriage to take place. "The marriage
certificate indicates that a legal marriage has been performed. The marriage certificate is prepared and filed by your licensed marriage officiant or performer with the Department of Health."
Linky.]
[ETA: Another example: a lawsuit in NC over the issue of clerics acting as agents of the state in performing marriage ceremonies. "Under current law, when Peeples [a church minister] performs a marriage, she's required to act as an agent of the state and could face punishment if she weds a couple the state has not licensed."
Linky.]
[ETA: Another example. I know for sure how it is in the State of Missouri, and I suspect it's this way in most states. The religious ceremony conducted by a state recognized officiant is a valid substitute for having a marriage ceremony in the civil courts building before a justice of the peace. The actions of the religious officiant are granted equal civil status to the actions of the judge. IMO, one solution is to do away with the requirement for a ceremony at all, then your argument that the license is the marriage would make more sense. But as it is now, we do recognize religious clerics as agents of the state.]
While it's true that other non-state employees are given this authority as well (in some states, anyway), in most states, the easiest way to get that authority is to be a religious cleric of some sort. There is a definite blurring of the two distinct types of "marriage" (one that is a religious sacrament or whatever, and the one that has civil/secular meaning).
We no longer require baptism or christening ceremonies to name a baby. (In fact, we require no ceremony whatsoever. It's just paperwork.)
And for Catholics, the distinction is already clear between a religious annulment and a civil/secular divorce.