Kentucky law, like many states' laws, allows you to sue if someone incapacitates your spouse, causing you to suffer "loss of consortium." That means you are deprived of the "emotional and physical comfort" that a spouse can give - emphasis on the physical. If, for example, a hospital makes a mistake that leaves your spouse in a coma, you can sue for loss of consortium. The law does not apply, though, if your spouse dies.
Until now. The Kentucky Supreme Court ruled yesterday that widows and widowers can sue for loss of consortium. Judge Mary Noble, writing for the court, wrote that it "defies common sense" for the law to let you sue if your spouse is incapacitated, but not if your spouse dies.
No, it doesn't. If your spouse is incapacitated, you can't enjoy consoritium, and there is nothing you can do about it. If that condition is due to someone else's error, you can sue them, and rightly so. If your spouse dies, then obviously you can't enjoy consortium with them. But there is something you can do about that condition: get married again.
The loss of consortium law was not created to give people a legal right to sex. It was a recognition that marriage was meant to be exclusive and to last until death.