Excerpts from The Evangelical Outpost on how Michael Schiavo got away with killing his wife:
While he was still married to Terri, Michael cohabitated with Jodi Centonze, a woman with whom he shares two children. He later married Centonze in January 2006. Under Florida state law, if Michael had attempted to marry Jodi while Terri was s still living, his action would be considered “illegal, bigamous, and void from its inception.” In fact, if a marriage license were found showing that Michael and Jodi had secretly married before Terri’s death, he would have been denied guardianship of his invalid wife. Yet because Florida repealed common law marriage laws in 1968, Michael Schiavo was able to live like a bigamist without having to suffer the legal consequences.
Florida is also a "no fault" divorce state, which means that a history of infidelity is of no concern to the courts. While adulterous conduct might be used in determining the "moral fitness" of a parent seeking custody, it apparently can’t be used as evidence of lack of “moral fitness” to be a husband. Even though he committed adultery, sired illegitimate children, and openly shared Terri’s marriage bed with another woman, he was still considered fit to undertake his role as a “husband.” By giving Michael Schiavo guardianship over his “wife”, the courts proved that the marriage laws in Florida can be as absurd as those in India.
Social conservatives spend an inordinate amount of hand-wringing over the threat to traditional marriage posed by the legal recognition of same-sex relationships. Gay marriage is, of course, a legitimate concern. But it would take an army of homosexual rights activists several decades to do as much damage to the sacred institution as heterosexuals have done by tolerating no-fault divorce and the repeal of common law marriage. The looming threat pales in comparison to the present danger of destructive marriage laws which have, for at least one young woman, literally become a matter of life and death.