Yes you would be. In most states all you need to do is live as man and wife. Meaning commingling of funds, present yourselves as married to neighbors and on utilities and credit apps.
Common Law.
Gays would have to have some sort of additional documentation. Power of Attorneys or whatever. Same effect.
I’ve never heard of any state or the federal gov. prosecuting any common law couples for not filing their taxes as “married”.
Look at what “common law” actually is; its a presumption of that certain oral contracts have been made and are binding. The law does the same thing with parents and adult children when their is a lack of documentation to the contrary.
Why in the world should the state get a say on whether two adults get married, and if they do have a say, shouldn’t the state also penalize those people if they live together without being married. What we have now is illogical and irreligious.