This is an important distinction and should be codified. A news story today is going around about how Indiana made it a felony to lie on a marriage license application. They also created an application form that required information for the male applicant and female applicant. That would require one member of any same-sex couple to commit a felony in applying for the marriage license. We need to be sure that nothing in our laws supports that sort of trickery and ensure that references are to people regardless of sex or gender.