Now, what is the societal value, or meaning, or “
why is marriage (as a contract) even needed?”.
You get a boy and girl, both teens. They live in our society, and have sex, and make use of contraception. Then, this happens:
Female Condom: 79% efficacy - almost never used due to awkwardness and discomfort
Male Condom: 82% efficacy - rarely used due to discomfort
Withdrawal: 78% efficacy - seriously, who has the presence of mind to withdraw at the last moment? Besides, pre-ejaculation
Hormonal Pill: 91% efficacy - efficacy may lower due to a lot of physiological alterations, use of antibiotics, alcohol, etc., plus it is dependant on the woman remembering to take them (injectable hormones raise efficacy by mere 3%)
Vasectomy (99,85%) and Laparoscopy (99,5%) - even with these extreme, usually non-reversible, methods, 1 in every 100 woman who made use of this method gets pregnant every year.
So, the girl gets pregnant. The boy doesn’t have money to take care of the girl, the girl is pretty much scared of the whole situation. What we have then:
a) The boy stays with the girl. Both have the baby. The child is raised by a maybe-loving family, with little resources for themselves;
b) The boy leaves the girl. The girl has the baby. The child is raised by a loving mother, being privved from the presence of a father and half the family.
c) The boy stays with the girl - as long as she aborts. The girl falls for that “proof of love” speech. The baby dies.
In all three cases, who is the one most affected by all this? The child. It either will be raised by people who did not prepare, nor want it, or it will be abandoned by one or both parents and put for adoption, or, worse of all, it will be killed before even having a chance to voice their own opinion on the matter.
When you consider
how marriage was conceived BY SOCIETY, you understand that marriage was made to avoid all this drama and
protect the child. Sex was something to be had between man and wife (and man and man in some cultures, like the ancient Greeks). Sex outside of marriage was a big NO-NO; as we disregarded this bit of Truth, and sex became free-for-all, then was given the first slap towards the healthy Traditional Family. But that is material for another discussion…
This is a bit of biblical reference, but more for the law present in Old Testament times (The Bible as a history tool, if you may): if a man had sex with a virgin (and she cried for help but none came - those were sad times), he had to marry her. The man had to assume responsibility for the act of sex, because from it might result a child that needed protection.
For the Ancient Greek, marriage was for babies only. While the wife had some prestige among the other women in a household, it was only barely. She did not have to clean or cook, but sex was her obligation. It was not romantic, neither it needed to be consented. The man had sex when he wanted children. Was there ever love? Sometimes, but it was not necessary.
About that tidbit from Demosthenes about lawful offspring:
"These lawful offspring were so important that, if a wife had not bore a husband children by the end of the tenth year of their marriage, the man was forced to file for divorce. This was a costly affair because a divorce meant parting with the dowry that was paid to the husband upon marriage, as the ex-wife was entitled to it.
Should a husband die before producing offspring, the widow was encouraged–even forced–to take a new husband as soon as possible and produce a child with him. This first born child was considered to be the child of the widow’s first husband and counted towards his family line and heritage. The practice was called ‘raising up seed’ and was a lawful and legitimate way of parentage, usually executed with the brother of the deceased husband. The custom of raising up seed also opened the way for the practice of adoption to sustain the family line."
[1]
As you can see, marriage contracts were really concerned with babies, because that is what marriage was for. Legitimacy was so important back then, that ‘bastard’ became a offensive word. Being a bastard was bad, not only because of the stigma and loss of rights in a society (which we protect today, with alimony, pensions and all), but also for the loss of being raised by both parents; of being raised in a stable home; of being raised with enough conditions for a proper education, healthcare, safety and recreation.
So, in short: marriage is about a man and a woman making sure that, whatever child is born from that union, the child will be priority and their responsibility. With this socio-cultural definition (defined by different cultures, tribes, traditions), how does one include a homosexual couple into?
Our society corrupted the meaning of marriage a long time ago, with no-fault divorce, pre-marital sex and all that “freedom”. The instant they made it easy to enter and leave marriage, it was enough to show that they either didn’t care about the children OR that they didn’t think the children had any role in a divorce…
Now, marriage mean nothing of that. Now, marriage does not protect the children or the family, because the
meaning of marriage is so corrupted and lost that no one would say that marriage is for protecting children.
Now we rely on the State, and Statutes, and Laws to protect what once was the responsibility of a married couple.
Now, marriage is just telling to the States that some two people live together, until they decide they do not - for which, surprise surprise, we have divorce-made-easy to help!