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a "priest" or "minister" when it comes to the signing of a marriage license. There has to be either an ordination of the church or a license to perform ceremonies, and the officiant of a marriage ceremony has to follow the laws of the state. A priest performing the sacrament for a gay couple in CA right now will do so without a marriage certificate in hand, because the state won't issue such a certificate. At this moment in time, yes, the state has the right you ask about.
Is it fair or just? NO. But, that's not what you asked.
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