“Traditional” Marriage or a Break with Tradition?
…s was sterile. This principle became the foundation of subsequent Anglo-American law. English and American courts traditionally voided a marriage if a person was incapable of sexual intimacy and had hidden this from his or her partner. But they never made the validity of a marriage dependent on the ability or willingness of a couple to reproduce. As a New York court ruled in 1898, “it cannot be held, as a matter of law, that the possession of the…
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