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Another Perspective

Love and Marriage…Discrimination

Should we discriminate in favor of gay and lesbian couples?

(Page 2 of 6)

/p> p> Common Residence br> 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. /p> p> Sharing Resources br> 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 agreements. /p> p> Having Children br> 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. /p> p> Commitment
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About the Author

James M. Thunder is a Washington, D.C. attorney.

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