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There is no requirement that legal marriage between a man and a woman involve child-raising. There is no requirement that legal marriage between a man and a woman involve love or sex.

If Albert, Barbara, and Charles go to San Francisco City Hall in 2008, and Albert says "I want to marry Charles", he's told no. If he says "I want to marry Barbara", he's told yes. The state knows nothing about their sex life or feelings about children. What is the rationale?

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Lack of sexual interaction (consummation) can in fact play a role in having a marriage recognized, or annulled. It's been a factor in "green card" marriages, for example.

For another example, inability of consummate a marriage is grounds for annulment in some states.

http://www.colorado-family-law.com/termination-marriage/annu...

Annulment for non-consummation is initiated by a spouse, not by the state.

I've been married twice in CA and on neither occasion was I asked about my sex life or child-raising plans.

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