Wastey my friend. Yessssss....we all know procreation is not a requirement of marriage, not is sex. However as to the latter, a marriage can be annulled for failure to consummated it. Annulled at the request of one of the parties of course.<quoted text>
Procreation is not a requirement of marriage. Neither is sex. A marriage is legally consummated through cohabitation.
People were shocked shocked, I tell you when I raised the issue of consummation for the first time in the debate over so-called same-sex marriage.
Some said they had never heard of the idea that a marriage is null and void without the act of consummation. It shows you how much Americans have been dumbed down over the years about a concept so foundational to the idea of marriage.
Marriage has always been an institution centered around procreation and the raising of children. If a marriage could not be consummated, legally it has been grounds for annulment. This is quite apart from the physical problems that might pose barriers to conception and childbirth.
The legal record is clear on this: Consummation of a marriage requires ordinary and complete rather than partial and imperfect sexual intercourse, including erection and penetration between a man and a woman, regardless of whether the husband might be sterile or the woman might be barren, according to Dr. Stephen Lushington, a 19th century attorney, judge, member of Parliament and an opponent of slavery and capital punishment, in a famous court precedent in 1845.
Is there any way to suggest that the sexual activity between two men or two women could be described as ordinary and complete?
There were similar rulings more recently in America.
In 1987, in Ford v Ford, a couple married while the husband was in prison. He refused to consummate the marriage, either while in prison or later. The petition for annulment was granted.
Many states explicitly require by law consummation of marriage for the vows to be considered valid. They include Alaska, Colorado, Connecticut, Delaware, Idaho, Illinois, Michigan, Minnesota, Montana, Ohio, South Carolina, Vermont and Wisconsin.
Thats not to say other states wont grant annulments of marriages in which consummation failed. It is the most compelling and common reason for them to be granted by civil authorities.