What does marrying privately even mean? The whole point of marriage is that it grants literally thousands of protections on the individuals married.
No, marriage is a private covenant between a man and a woman. It is a natural institution, and needs no governmental aide to come about. The sacrament includes God in that covenant, and bestows graces. These are both completely private things.
Marriage is 100% private.
Civil marriage *licenses *grant people the right to marry. That is all they do. The government does not marry anybody, people marry each other. Laws concerning marriage can grant government-controlled benefits to those who are married legally (with a license). Laws concerning divorce revoke marriage licenses, and allow the adulterers to receive a new marriage license.
The Church does not recognize these divorces because it knows that marriage is something between the man and the woman. The government, nor the Church, nor anybody else, can end the covenant. It is until
death do them part, because that is what they swore to each other. If they are Christian, they swore it to each other and God. With the covenant, they become “one flesh”. It is then completely outside of anybody’s power to “tear asunder”.
Think of it this way:
marriage is like a brewery. If you want to brew some beer, you go buy some hops, some yeast, and whatnot, you put it in a big copper vat, and start brewing. You did not need the government to do that for you, you can do it all by yourself. But if the government issues a ban on the sale of alcohol, what do you do? You have this beer, but nobody can buy it (like an illicit marriage goes unrecognized by the state).
So, you have to apply for a liquor license. The state charges you money for a piece of paper that says that you are allowed to sell beer. In other words, you pay the state to protect yourself from prosecution for selling your beer. Then you can sell beer, but only according to the state’s rules on beer, which can change at any time. By outlawing beer, the state gains exclusive power and control over it.
Likewise, by outlawing marriage, and requiring you to buy a license to marry before marrying, the state gains exclusive power and control over it. They can then dictate who can marry whom, and who not. They can revoke or grant licenses at will, etc.
This legal battle is about whether or not someone’s marriage is to be recognized by the state. The actual marriage is a private thing, but it is only through legal recognition (through the purchase of a license) that one receives legal benefits. Otherwise, you’re just making moonshine.
HTH