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In some cases one difference between the confidential and public marriage license is that it may require witnesses to the marriage. This can vary depending on the state. Sometimes people obtain this type of license so that they can marry without any witnesses.
A public license gives a couple permission from a state agency to marry, and in some cases is later used to determine the rights and benefits of those who enter into a marriage. Many states do not legally sanction same sex marriages through a public marriage license.