This issue is similar to the libertarian open-borders argument, where they wave away problems like illegal alien consumption of public services because the services themselves are not in accord with the COTUS.
The rest of us, who live in reality-land and pay taxes, would prefer the burdens of these illegitimate services not to rise, even as we work to eliminate those services.
Oddly enough, the libertarian types seem to rate gay marriage higher than free expression. Frankly, I think these "libertarians" are just folks who want gov't to subsidize their deviance and see no problem using the force of gov't to get their way.