It wasn't an application though. There was nothing that said "approve" or "deny" just that we were truthful. Its reasonable for the clerk to make sure that someone else wasn't trying to impersonate me to get married or we weren't children.

It wasn't the fact it was an "application" that was the problem - you could just say "previously some states refused to register same sex marriages" instead of "previously some states refused to give marriage licenses to same sex couples" and it means the same thing.

The Lovings (of Loving v Virgina) were arrested for getting married in DC.