curl-6 said:
Doesn't matter if it's an outlier, both it and Mesopotomia disprove your false claim that every culture endorsed only heterosexual unions. Also, do you propose banning marriage for the infertile and those who don't want kids? Because that's the logical extension of your precreation-centric view of marriage. Marriage is legal recognition of two people's relationship. Procreation and religion aren't necessarily involved at all.
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It does matter because in the case of Rome, there was a serious abuse of discretion by the emperor which didn't reflect the cultural consensus or the actual law.
Has nothing to with individual capacity to bear children, it's conceptual. So, only those conceptually capable of conceiving have this privilege. When biology fundamentally changes our procreative systems then you call me and I'll recant.