Courts just LOVE to invent "new fundamental rights", like one to sexuality. BAH! This is simply a matter of FRAUD, plain and simple. It would be like marrying a person, who later told you they were a transvestite. Hey, you could still have sex with them, there's no violation of your right to sexuality, but in this case as well, you were DEFRAUDED, thus you should get your due (so to speak)..
You are correct.
This is very OLD common law, even in England/America and actually recognized as a right for an annulment.
Usually, though, it was code for, "He's like Barney Frank or maybe Michael Jackson."
actually there is nothing new here (exactly for the reasons you state), it is all in the reporting.
Fraud, mistake, or misrepresentation has always been grounds for an anulment. Even before the USA came to be.