W
WinterBorn
Guest
Governments purpose in encouraging marriage is to increase the number of children born into homes with the benefit of both their mother and father present to provide and care for them, as opposed to the alternative of one or neither of their parents present to do so. If you want to give those benefits to two gay guys who rub genitals, you really have no justification for denying the benefits to any two people who would desire those benefits. Nothing special about being homosexual, that would justify such discriminatory treatment. Society, culture, tradition, religion and law hasnt encouraged men and women to marry, for as long as human civilization has existed, because men and women have sex. They have instead done so, because when men and women have sex, children are frequently the result. Two guys doing each other in the butt, never going to happen. From BC Roman law
Mater semper certa est ("The mother is always certain")
"pater semper incertus est" ("The father is always uncertain")
"pater est, quem nuptiae demonstrant" ("father is to whom marriage points")
as it is today
§ 160.204. PRESUMPTION OF PATERNITY.
(a) A man is presumed to be the father of a child if:
(1) he is married to the mother of the child and the child is born during the marriage;....
None of this has any applicability to two people of the same sex because,
"matrimonium is an institution involving a mother, mater. The idea implicit in the word is that a man takes a woman in marriage, in matrimonium ducere, so that he may have children by her."
Back in the day when having children was encouraged and children born out of wedlock were shunned socially, that may have been relevant.
But the gov't also issues marriage licences to straights who cannot have children. If two senior citizens wish to marry, they get all the benefits of the institution without any chance of having children. A man in a wheelchair, a woman who has had a hystorectomy, and people who have been sterilized thru elective surgery are all given the benefits of marriage. So the whole child bearing issue cannot be the reason for denying marriage.