Should we discriminate in favor of gay and lesbian couples?
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The law of marriage does not require that the spouses live
together, either at the outset of their marriage or at any time
during the marriage. Bicoastal marriages, for example, are valid.
And, of course, that a couple enters into a separation agreement
does not dissolve their marriage.
The law of marriage does not require that the spouses have the
financial wherewithal to care for each other, either at the outset
of marriage or during the marriage. If one abandons the other, the
marriage remains. If one physically attacks the other, the marriage
remains. Of course, abandonment or spousal abuse may be grounds for
divorce, but they do not dissolve the marriage. There are laws
concerning the financial responsibility of one spouse for the
“necessaries” of another, but failure to support a spouse
financially does not terminate the marriage. Furthermore, only nine
states have “community property” laws whereby the financial
resources are, by law, shared by the spouses. In any case, these
laws, and other laws concerning a married couple’s property, allow
spouses to alter their provisions through prenuptial
The law of marriage does not require that both spouses be
heterosexual. The law of marriage does not require that the spouses
have children or, if they do have children, to love them. If they
do have children, they must simply not abuse them or neglect their
“necessaries,” medical care, education. The law of marriage does
not require the spouses to take care of any other person, whether
related by blood or marriage or not, including siblings or parents,
except natural and adopted children.