Mainly because if its in writing, you have a legal defense. eHarmony gave up because they didn't want a long, drawn-out legal battle with the sodomites. If the church's constitution, a legally-binding document, disallows the pastor to marry individuals that are not church members, and allows the pastor and the membership of the church to decide who is allowed to become a member, there should be very few loopholes that queers can take advantage of.
Besides, we all know that very few sodomites want legal marriage because they're monogamous; they simply want public, legal verification of their perversion.
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