Not every state has common law marriage to begin with, though.

How About A Compromise
 

Gay marriage will continue to be illegal in any state where first cousins can marry.

That should defuse most of the opposition.:D

But seriously, look at the differences in this Table of Marriage Laws in the 50 States

First of all, the minimum age of consent in Alabama is 14. No surprise there. What did surprise me is that the minimum age is 12 in Kansas and Massachusetts.

So people would not have a problem with a 30-year-old man checking in with his 12-year-old bride, but two 26-year-old lesbians would be too shocking.

I'm glad I did the research before posting, because I was going to willy-nilly indicate that Calif. was a common law marriage state, an assumption I made because of the well-publicized "palimony" suit of Michelle Triola Marvin vs. Lee Marvin ...

This is from It's Legal

Eleven states and the District of Columbia currently recognize common-law marriages. Each of these jurisdictions has unique requirements for common-law marriage.

* Alabama
The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.
* Colorado
A common-law marriage may be established by proving cohabitation and a reputation of being married.
* District of Columbia
The requirements for a common-law marriage are: (1) an express, present intent to be married and (2) cohabitation.
* Iowa
The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.
* Kansas
For a man and woman to form a common-law marriage, they must: (1) have the mental capacity to marry; (2) agree to be married at the present time; and (3) represent to the public that they are married.
* Montana
The requirements for a common-law marriage are: (1) capacity to consent to the marriage; (2) an agreement to be married; (3) cohabitation; and (4) a reputation of being married.
* Oklahoma
To establish a common-law marriage, a man and woman must (1) be competent; (2) agree to enter into a marriage relationship; and (3) cohabit.
* Pennsylvania
A common-law marriage may be established if a man and woman exchange words that indicate that they intend to be married at the present time.
* Rhode Island
The requirements for a common-law marriage are: (1) serious intent to be married and (2) conduct that leads to a reasonable belief in the community that the man and woman are married.
* South Carolina
A common-law marriage is established if a man and woman intend for others to believe they are married.
* Texas
A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.
* Utah
For a common-law marriage, a man and woman must (1) be capable of giving consent and getting married; (2) cohabit; and (3) have a reputation of being husband and wife.

Good thing I wasn't making sweeping generalizations then, wasn't it? I was referring to my own state. According to the law code in Louisiana, "common-law" marriage does not exist. Or at least it was not acknowledged a few years ago when I took criminal law.

An idea that is floating around, and I think might rest better in another thread, is de-legalizing marriage. Has anyone else pondered this?

I've been saying this all along ... ban marriage entirely as a civil legal process, and return it to the religions for those who wish to be bonded by a god of their choosing.

How heartless... I mean, think of all the wedding mills in Las Vegas that will go out of business!!!

I am a heartless bitch.

And the church of elvis can still marry people. They just won't have to get a civil divorce to undo it.

Religious separation rites tend to be a lot more expensive and difficult than a civil divorce though. Catholic annulments and Jewish gets are CO$TLY.

Handfasting for a year and a day with an option for renewal sounds better and better, doesn't it folks?

Vegas wouldn't care. It would just reduce the paperwork if they could just say "hey, now you're married!".

That's pretty much how they handle it already, isn't it?

And you get a video, and a coupon for a discount buffet.

No, now they say "Hey, now you're married!", and fill out a form.

And pay the man. Don't forget, pay the man.:)

And the plot thickens...
 

Are there 13 states which won't support this? I'm somewhat hopeful that the Senate won't.

Honestly, I'm afraid when in the country which is told being the "free'est" country in the world wants to ban gay marriage by the constitution. Over here you must first get married by the civilian power (in your village or town by the mayor) and this since Napoleon Bonaparte, and only after this you will get married by religious power, if you want to.
Divorce must pass by a judge in every case especially if the couple has children. (Divorce in catholic church isn't possible. But the church can annul a marriage but only under very specific conditions.)
Now since a few years you have in France and in Belgium (and some other countries, mostly scandinavian an Netherlands) some gay marriage, sort of civilian union to give same sex couples the possibility to profite of most of the married advantages. But not all e.g. adopting children. So a woman who lives with her mother can get this civilian union to save taxes...