Except that it was in the state statutes. This did not even become an issue until you right-wing bigots found out that "the faggoes" were daring to get married, and claim the same rights, and privileges as respectable, normal people. Then you ran to your legislations and changed the definition by adding a restriction. The right was always expressed. It was you fuckers that tried to remove that protection with the law. That was when you overstepped the Federal Constitution.
It didnt have to state it, because it was never considered. The intent was always for it to be between a man and a woman.
You are confusing religious marriage with partnerships under contract via marriage license as regulated by government.
Show some proof of a marriage license being offered to same sex couples in the US (besides cases of fraud) prior to the current few decades.
So, you want proof that people were getting married during an age when
even admitting to being gay was a crime?!?! I suppose that kind of does make your point -
when they was originally conceived, the statutes of marriage probably were assumed to be between only men, and women, since even admitting that you were involved in a relationship with a man could land you in jail. That is the beauty of our legal system, and our Constitutions, whether they be Federal, or State - they are imminently fluid. When the sodomy laws all began to fall apart, and it was no longer considered inappropriate, let alone illegal (well...for everyone except the religious zealots) to be gay, it was only a matter of time before they started taking advantage of the marital rights afforded to loving committed couples.