It dawned on me that some states recognizes “common law” marriage where a man and woman who have lived together for a certain length of time are considered legally married without going through with the actual ceremony, perhaps even against their expressed desire.
So, if gay marriage becomes popular, will common law marriage apply to them and will thousands of cohabitating gays become legally married without the actual rite of ceremony? And will gays protest that different laws should apply to them than for heterosexual couples?
Common-law marriage statutes usually don’t kick in until the couple separates and one wants a litigated divorce. “Oh, yes, we were married! My attorney will be in touch!”
It would be interesting to see that happening with homosexual couples.
I am not a family-law expert, but, based on what I remember from law school, common-law marriage requires that the parties not only live together, but that they tell other people that they are married. So it can never happen "against their expressed desire."