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..... and then maybe subjective interpretations of 'adultery' and 'separation'? Would that necessitate petitioners engaging in 'judge shopping' to ensure their petition goes before someone with appropriately 'liberal' views? And where would you draw the subjectivity line - if you would? I'd rather have the certainty of legislation, which reflects modern thinking and majority views, than saying to judges 'do what thou wilt shall be the whole of the law'!