Back to the Future: Same Sex Marriage and Divorce Law

Time travel does occur here on earth. In days gone by, marriage was the preferred state of affairs for men and women who wanted to have children and raise them to be good citizens and productive members of society. More recently, marriage has fallen out of favor among those who were traditionally allowed to engage in it. There is no more shame in giving birth to what used to be called a bastard. Women routinely have children without the benefit of marriage, some with multiple male partners. Men often feel little responsibility for the biological products of their biological needs.

Among heterosexuals, marriage – the mortar that once held the family together – is drying up and blowing away. Into this apparent cultural vacuum have stepped homosexuals and lesbians clamoring to marry. Why? Some of the impetus for same sex marriage can probably be explained by the belief, not necessarily true, that marriage must be a wonderful institution if so many people are doing it. Some of the marriage rush can be explained by a desire for equal treatment before the law. Why shouldn’t homosexual couples be able to marry and achieve the same economic benefits conferred on heterosexual married couples? Assuming that same sex marriages are subject, eventually, to the erosion that has worn away heterosexual marriage, what are the legal implications?

What happens when John and Roger, who married in Massachusetts, adopted a child in California, moved to Baton Rouge and started a successful business together decide that it’s just not working for them anymore? This blog begins a series of discussions on same sex marriage and divorce, and what may happen if your same sex marriage falls victim to the seven year itch.