McGrath--

Yes, I believe that Constitutionally it is up to individual states of the Union to recognize or not recognize "common-law" marriages. There's a great deal of variation among states, in part because whereas some state codes were obviously taken practically wholesale from English Common Law, others (Louisiana) used the Napoleonic Code, etc., etc.

As to the main question in the thread, I think this is a great example of the pitfalls of trying to "liberalize" legislation. Meaning simply that it will take the state and all of its high-powered attorneys at least three tries to get it right, if they ever do.

CC