It's a contract between two consenting adults. The issue of children is incidental to the contract. Originally, it was a political and legal contract to deal with inheritance and property rights and alliances. Many of these contracts do not result in children. If a couple does not have children, are they not allowed to call themselves "married"? What if a gay couple has children?
Inheritance and property rights are direct results of the FAMILY RELATIONS that accrue from marriage.
At the heart of these family relations are the biological ties consequent to the union BETWEEN A MAN AND A WOMAN.
Granted that individual couples enter into marriage for whatever reason they can imagine.
In the point of view of the state, however, the institution of marriage, and the rights that are granted therein, cannot be for anything other than this fundamental human relation in society - the FAMILY.
I claim it is a contract between consenting adults. That is the the important qualifier. In addition, a non-human animal can not enter into a legally binding contract.
If it is like any other contract, then the agreement binds only the parties involved therein, no?
One cannot ask for certain privileges from the government just because one entered into a contract with another 'consenting adult', no?
And what exactly are the privileges gained in the marital institution that is absent from any other contract? They relate directly to FAMILY RELATIONS, do they not?
And so, your argument has gone full circle!
However, these risks do not apply to gay unions.
And neither do they relate to children being produced within the union.
When I talk about "consent" I am talking about legally binding consent.
But the thing is, legally binding consent is not the issue with minors. The issue is their welfare. If a minor entered into a simple agreement with an adult, the worst that could happen is that the agreement is null and void.
However, if a minor consents to sexual intercourse with an adult, the adult is liable for a criminal offense, whether he is aware of the age or not.
Actually the only reason it is illegal by the state is because of the religious values of a majority. That's it. I'm not saying I am pro-polygamy, only that there really isn't a logical reason to forbid it.
But there is a logical reason for it.
Inherent in the institution of marriage is an ideal concept of family, which the state endorses.
It can't be for religious values since the constitution guarantees the free exercise of religion. But it stops short of polygamy, even though polygamy is being argued for precisely religious reasons.
And so, you can exercise your religion all you want, but you cannot expect the state to make this exercise legally binding, especially when it conflicts with certain principles the state is contemplating.
What right of motherhood?
A woman has the inalienable right to become a mother. This is clearly derived from the natural fecundity of her GENDER. And because she has this right, the state must create an atmosphere conducive to this decision.
A man, on the other hand, has NO inalienable right to fatherhood. His fatherhood is dependent entirely upon the sufferance of his partner, and formalized within the legal institution of marriage.
How are the rights of children affected?
The upbringing of children rests INDEFEASIBLY within the biological mother, and extends to the father through marriage. The only thing that can nullify this is the child's welfare. In fact, no law nor contract can diminish nor supersed this.
This bond is not only the child's right, but also represents the ideal conditions of his welfare.
Gay couples can be parents as well if that is an issue.
The parenthood of homosexual men is a privilege conferred ENTIRELY within the subjective view of the state - in regard to orphans. The primary consideration is the conditions of family the child has a right to if he had biological parents.
The parenthood of a homosexual woman, on the other hand, arises from her natural biological fecundity. 'Paternity' rests on her own free choice and that of her partner, without the interference of the government, as it should be.
Neither will the marriage of infertile couples. So what?
But infertility is a condition that is within human reason to correct, in regards to human reproductive potential. Homosexuality, on the other hand, is NOT.