M
marymary1975
Guest
Just to clarify, states don’t have a requirement of consumation prior to marriage (like age, blood relation, etc.) But divorce laws state that impotency and lack of consumation will render a marriage null ( though I have to say I have knowledge of only one case like this. These cases are very uncommon). To my knowledge no jurisdiction in the US has eliminated this so far. MA which is where I live and where gay marriage is legal does have laws that state that the incapacity to consumate marriage is grounds for annulment. Yea, this only applies to heterosexual couples and the SJC has never touched this issue…or any other court in MA. The problem is these cases are so rare that this issue doesn’t make any noise and that other matters like abortion have already paved to road to have completely contradictory positions in one jurisdiction as ok. But I agree this is a difference that perfectly reflect how is not the same but I hardly doubt this argument would ever be brought to a courtIf the state eliminates the requirement for consummation, this also has an impact on heterosexuals who marry since it makes it harder for them to get an annulment if they foolishly rushed into marriage. They won’t be able to get a state-granted annulment anymore based on the fact that they never consummated. But, if the state keeps the requirement for heterosexuals to consummate but only takes away the requirement for homosexuals (since it is always impossible in their case) then this would be an admission by the government that there is a difference.