It was very clearly seen as a marriage, and was very clearly between two people who were not physically a man and a woman. So setting aside your very condescending and disrespectful attitude to Native American beliefs, how is this not a counterexample to the assertion that marriage has ‘always’ been defined as between a man and a woman?
How is it “condescending and disrespectful” to place them in their proper cultural context - namely, that these “marriages” were
not between two men or two women as understood by the cultures where such things took place - as opposed to appropriating them to advance a purely modern and western pro-homosexual agenda?
This, of course, is a very one sided and biased account of the discourse. I have never asserted what you claim, for example.
Immediately below, you hang your argument on the, “absence of clear statements, especially in legal texts, that same sex weddings were invalid”.
Rather I ask what right you have to force your view of marriage on me, and then challenge the response that marriage has ‘always’ meant one man and one woman. Not only is this assertion wholly unsupported, but your response to the counterexamples is further almost totally unsupported - the ‘citations’ you refer to are equally compatible with both points of view.
If there was a possibility of a legal marriage incorporating two men or two women, how is it that such an arrangement is never dealt with? With the focus on the role of the paterfamilias in inheritance, such arrangements would have vastly complicated that role, and that complication would have been reflected in laws defining which member of these “marriages” was the legal paterfamilias.
On the other hand, the absence of clear statements, especially in legal texts, that same sex weddings were invalid is at best hard to reconcile with your assertions, given that we know that such weddings took place farily commonly and at the highest level of Roman society.
Commonly? We have only four examples of these ceremonies taking place. Of those examples, two are Nero and Elagabulus. The other two examples are from Martial and Juvenal’s writings (dating later than Nero), and are harshly critical and are mocking the uselessness of the ceremonies the male couples in each case performed. Not exactly a convincing argument for a practice that took place “fairly commonly”. What Nero established when he “married” Pythagoras in 64 (and “consummated” the union before the guests) was a
religious precedent - a way to ask the gods to grant the couple the blessings that would have been granted to a couple who actually did possess
conubium. This would have been entirely in keeping with the role of emperor as
Pontifex Maximus - chief priest of the Roman gods. Given the lack of any mention of legal ramifications to a “marriage” between two men (or two women, for that matter), I would suggest that what we have is a purely
religious “marriage”, with no legal impact. The mention by both Martial and Juvenal of how strictly the couples they mention adhered to the details of the ritual reinforces this - ritual was reserved to religion. The laws were much more lax in the form of marriage, so long as the legal requirements were met.
Your statement about it happening at the “highest level of Roman society” is correct, though - one cannot get any higher than the emperor. Too bad that the emperor’s behavior doesn’t establish law. If it did, then was Incitatus an actual Roman senator? There is nothing in Roman law forbidding a horse from being a senator, and the emperor decreed that he was.
So a better analogy is that you assert that bigfoot exists and that I not only point out that this assertion is unsupported, but that if it were true we would expect to find Bigfoot stools, hair samples, corpses and fossil records, and do not. The burden of proof is on you, you have not met it, the burden of proof is not on me but I have provided plenty of support.
On the contrary, you are asserting that same-sex “marriage” was a legally recognized entity in Rome which was “fairly common”. Can you provide any evidence for this beyond two emperors who are benchmarks for insanity and debauchery? Or two epigrams mocking the participants’ belief that anything was actually accomplished by going through such a ceremony?
To drag this back to the original topic, the most important point (to me) from the Roman example is that the original root of ‘marriage’ referred to a civil, legal institution, not a religious or anatomical one. So why should the State be forced to officially endorse your personal religious views on marriage, rather than taking a more inclusive approach?
First, because they aren’t just my “personal religious views” - they are also common to most Orthodox, Protestants, Orthodox Jews, Muslims, Shinto, Hindu, Inuit, Amazonian Native Animists, even (so far as we can tell) the Sentinelese, who have remained uncontacted because they tend to kill anyone who lands on their island and celebrate by pairing off (male and female) and copulating around the kill site.
Second, because the government derives a direct benefit from male/female couples that is impossible for male/male or female/female couples: New citizens to continue the workforce, tax base, society, and culture. The most stable environment for these new citizens? Parents joined in marriage. What comparable benefit can be offered by homosexual couples that would not only justify such a radical change, but cannot be most effectively achieved without it?