WHAT IS A MARRIAGE? Although there are several definitions, they all contain one common element: the union of one man and one woman. However, if a particular state had no statute which specifically required that marriage be between a man and a woman would the courts uphold a marriage between members of the same sex? The New York Supreme Court, in B. v. B., answered that question in the negative. In that case the wife brought an action for annulment on the ground that her husband was a female, and the husband attempted to amend his answer and counterclaim for a divorce on the ground of abandonment. The court ruled that the husband's counterclaim must fail, as there was in fact no valid marriage between the two parties.
Lentz, William D.
"Marriage Rights; Homosexuals and Transsexuals; B. v. B.,,"
Akron Law Review: Vol. 8
, Article 7.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol8/iss2/7