Where to begin? Well, I guess at the beginning. At the risk of sounding arcane if not anachronistic, more than 2,000 years ago the primary derivation of marriage was as a divinely inspired Holy Sacrament, just like the Sacrament of the Holy Eucharist promulgated under canon law.
I am neither a sociologist nor a legal historian but here is my understanding of how marriage might have evolved into civil law.
For at least 7,000 years, and more likely for millions of years, women, as the weaker sex, had virtually no rights at all. (And the weaker males --- the large majority --- had merely a few, themselves). The bestial pecking order still prevailed in which might made right.
Then Jesus formed His Church, and it promulgated almost every characteristic that modern society now deems to be ‘‘admirable’’ behavior. After Constantine abandoned Rome and made Catholicism the official church of the empire, there was virtually no civil government in Europe; there was only the Church. Therefore, Canon Law was not only the de facto civil law but it set the social norms, as well. The Church preached many practices which at that time were totally foreign, such as monogamy, chastity, sharing with the poor and it also became the very first school system and the first public health provider in history.
It was only many hundreds of years later that England (and other countries less relevant to the US legal practice) began to form civil governments. Later still, they chose to separate civil and canon law. They quickly realized that marriage --- like many other Church practices --- had implications that were beneficial: (A) societally; (B) administratively; (C) economically; and (D) socially. Since they had disassociated the Church from much enforcement, the civil governments had to take steps to enforce those behaviors they decided were beneficial to society. First, they civilly 'licensed' the Sacramental marriage relationship in order to protect those few, new legal rights women had received via marriage; remember, women --- the physically weaker sex --- could command neither stand-alone rights nor many means of economic livelihood. Chastity helped to reduce STD, as well. The civil governments formally outlawed polygamy for these same reasons. They saw that the propagation of children would benefit a growing work force and, therefore, an expanding economy. Finally they saw it was beneficial to enforce the obligations of husbands and fathers to protect these economically helpless wives and children.
The civil governments obviously found it convenient to keep using the already established and popular Sacramental terminology for the parallel civil laws they now instituted, as they were well defined and unquestionably congruent with the social needs identified.
The US colonies/states adopted many of these English laws. In the last 100 years the US government extended the social protections associated with marriage by augmenting both the tax codes and new insurance pools.
So for about 1,960 years there had never been any dispute over the roles nor the needs nor the benefits to society nor the meaning of the terms of the Catholic Sacrament of marriage and, with it, the civil law aspects.
Even purely ‘socially’, when Frank Sinatra sang about ‘Love and Marriage’ in about 1955, he was singing about this Sacramental marriage---‘an institute you can’t disparage’--- and even his lyrics highlighted that the ‘local gentry’ knew the definition of marriage was ‘elementary’, i.e. the same as it had always been.
Then in the 1960s the birth control pill was approved by the FDA, and things started to change. Thereafter, the emancipation of women accelerated socially, economically and legally. (As recently as the late 19th or early 20th Century in New York it had been illegal for a woman even to speak in public!) Almost all of these changes were laudatory.
Then, in what IMHO was an ill-advised misinterpretation of female emancipation, the US Supreme Court decided in Roe v Wade to allow doctors to chop up --- or to vacuum apart --- fully-formed-but-not-fully-developed fetuses despite the abortionists own sonogramic proof that when such ‘procedures’ were perpetrated, these tiny boys and girls always recoiled violently in horror and even screamed silently at these vicious incursions into the safety of their 'wombs'. Now millions of babies are chopped up annually. But the point cogent to this discussion is that abortion made it painfully obvious that population growth was no longer viewed as an economic advantage to society. So the civil rights protections for at least these children no longer seemed to be justified by the societal population benefits delineated above.
With female liberation came greater economic freedom for women, as well. Now there no longer seemed to be an overwhelmingly greater economic risk to a single-mother than there was to a single-father. So the civil rights protections for mothers and wives delineated above no longer seemed to be justified by society's economics benefits.
With the advent of the ‘New Morality’ of ethical relativism, anything that did not ‘harm’ another was viewed as permissible, and the disease of selfish entitlement spread virally, trying to establish its own new social norms. One by one the liberal intelligentsia, under the guise of intellectual independence---when it was really independence of discipline, the final rationalization of the atavistic pecking order --- worked tirelessly to knock down the many societal benefits of a disciplined life, especially a disciplined sexual life. More and more citizens now seemed to view sex as an end, itself, no longer as just a means to an end. The so-called sexual taboos were toppled one by one in the halls of liberal intellectualism. Divorce was no longer viewed as anathema; it now was implemented upon demand. Marital fidelity now was not only viewed as optional, some tried to characterize it as comical. The causes of the epidemics of STD and AIDS were for the most part ignored. Heterosexual intimacy was increasingly viewed as having few if any modern advantages over homosexual intimacy --- and I suspect bestial intimacy might not be long in coming. The prohibition of polygamy has even been challenged on this board as it probably will be in courts if not legislatures. In any event, almost all of the delineated societal benefits of marital chastity were increasingly denigrated or ignored.
Thus, in the view of many, the only remaining societal benefits of marriage were reduced to the social (fun with ceremonies and trappings) and the tax, estate and insurance coverage conventions. And obviously these were not intrinsically linked to the prerequisite thesis of ‘marriage’ as established by the Church, but merely to the social and economic equality as necessitated by atypical civil ‘unions’.
So as I understand it, the proponents of same-sex unions feel civilly entitled, first, to societal benefits equal to those few remaining to heterosexual unions, i.e. tax, estate and insurance conventions. Over and above this, some proponents of homosexual unions secondarily complain that people's feelings will be hurt if others make them ‘‘feel’’ different by using a different term for their unions.
Frankly, the former I might agree with and I have discussed such in the other thread. On the latter, equality of references can be enforced more easily and justifiably by stripping the now superfluous Sacramental terms from the civil code (which may be easily legislated by stipulated definitions). Also, if it is important for society to be sympathetic to the 'feelings' of any group's members, then what about the ‘feelings’ of the far larger number of members of Christian, Jewish and Muslim groups? I can tell you how outraged and violated I feel when our sacred religious terms --- with a precedent of being sacramentalized for thousands of years --- are flouted by usurpation when applied to practices which all of us consider to be ‘sinful’ and against God’s laws---which a vocal minority seem to view as merely quaint vestiges of personal moral discipline. What would be your reaction if some pizza company were to advertise ‘Holy Eucharist Bread sticks’? Would that also be socially acceptable to you because it wasn’t hurting anyone---except millions of irrelevant Christians?
As to others' questions on the specificity of my marriage definition, please see the discussion on health insurance in the other thread. No human law is perfectly symmetrical. There are subtle anomalies in virtually every civil sanction and proscription. While the hyperbolic extension of ‘procreation as a prerequisite’ to marriage is argued by some above, such rhetorical exceptions fail when weighed as a general ‘rule’. Sacramentally, the Church teaches that sin is the result not of some physical capacity (or lack thereof---BTW how old was Sarah when she conceived? LOL), but of the choices made by our free human wills. And, tangentially, under Canon law such one-of-a-kind exceptions could, in fact, be treated by the Church as grounds for annulment.
Similarly, no one is arguing that a duly elected government in Trenton, Washington, or anywhere else cannot exercise the civil power to enact legislation with any wording its officials choose. I am arguing that there are no substantial reasons for any but a bigoted civil government even to try to apply antithetical definitions to such religious terms as ‘marriage’ when there are appropriate, unbiased and noninflamatory terms available that should accomplish all of the substantial cures sought without disparaging any or all of the Christian, Jewish and Muslim citizens of the respective jurisdictions.