Marriage is a contract.
To enter into contract is a right.
However, the original reason to contract marriage was to join property rights of two parties for the benefit of progeny.
As you may already know, an illegitimate child can always inherit from his mother. But only a legitimate child inherits from the father. So the sole legal difference between a legitimate and illegitimate child is the father's property rights.
At this time, homosexual couples lack the capacity to gene splice and construct progeny, so a "marriage compact" is a nullity.
However, since American socialism offers special considerations to "married" couples, the homosexuals want access to those benefits, and thus seek legal standing.
Since 1935, the United States has been socialist. Socialism, by definition, abolishes private property rights, as well as the common law.
Of course, we were not informed that participation was 100% voluntary.
So - since 1935 - common law marriages were not valid for socialist serfs. And the common law RIGHTS of curtesy and dower were abolished - in 1945 - for socialist serfs. But the common law is still available for the sovereign Americans (few that there may be).
I suggest you look up "marriage license" in a legal dictionary. In it you will see a reference to miscegenation. Believe it or not - that is what a marriage license was created for - mixed marriages. However, it was not race that was the legal issue - but property rights. If one or both parties to a marriage were chattel property, there was no "joining" under the common law possible. Ergo, a license from government was necessary to manage the property transfers covered under the common law. Because if a free spouse and a slave spouse wed, would the slave owner have a claim upon the marriage property that would normally go to the child?
I am not joshing you. Take a trip to your county courthouse law library and research the genesis of marriage licenses in your own state. You will be surprised. Only slaves need government permission (license) to wed.
Free people do not need government permission.
REFERENCES:
MARRIAGE - Legal union of one man and one woman as husband and wife. Singer v. Hara, 11 Wash. App. 247,522 P.2d 1187,1193. Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the legal status, condition, or relation of one man and one woman united in law for life, or until divorced, for the discharge to each other and the community of duties legally incumbent on those whose associations is founded on the distinction of sex. A contract, according to the form prescribed by law, by which a man and a woman capable of entering into such contract, mutually engage with each other to live their whole lives (or until divorced) together in state of union which ought to exist between a husband and a wife. In old English law, marriage is used in the sense of "maritagium" (q.v.), or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in marriage.
- - -Black's Law Dictionary, Sixth Edition, P.972
In short, the "legal union" of each adult's property into one, for the benefit of the next generation, is the true purpose of marriage.
MARRIAGE LICENSE - A license or permission granted by public authority to persons who intend to INTERMARRY, usually addressed to the minister or magistrate who is to perform the ceremony, or, in general terms, to any one authorized to solemnize marriages. By statute in most jurisdictions, it is made an essential prerequisite to the lawful solemnization of the marriage.
Black's Law Dictionary, Sixth Edition, P.973
INTERMARRY - see Miscegenation.
Black's Law Dictionary, Sixth Edition, P.815
MISCEGENATION - Mixture of races. Term formerly applied to marriage between persons of different races. Statutes prohibiting marriage between persons of different races have been held to be invalid as contrary to equal protection clause of the Constitution. Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010.
Black's Law Dictionary, Sixth Edition, P.999
If you will please note, that the "legal reason" for a marriage license was for intermarrying (miscegenation). Free adults do not need a "license" (permission) to marry.
SOLEMNIZATION - To enter marriage publicly before witnesses in contrast to a clandestine or common law marriage.
Black's Law Dictionary, Sixth Edition, P.1392
COMMON LAW MARRIAGE - One not solemnized in the ordinary way (i.e. ceremonial) but created by an agreement to marry, followed by cohabitation. A consummated agreement to marry between persons legally capable of making marriage contract, per verba de praesenti, followed by cohabitation...
Black's Law Dictionary, Sixth Edition, P.277
A common law marriage is a private unceremonial agreement to marry (join property) and cohabit. It is an agreement between persons LEGALLY CAPABLE of making such a contract. A license is required of people who are legally incapable of making said contract.
You should find that common law marriage is still legal and valid - for free Americans - in all 50 states.
However, until homosexual couples can genetically splice genes to create progeny, the 'marriage contract' for them, is a nullity.