Cruel or Inhuman Treatment?

During one of the less glamorous moments of my job last week, I was reviewing WV's Domestic Relations Code preparing remarks for a Public Hearing at the WV Legislature on Monday.

Although it didn't relate to my comments, I couldn't help but notice the contents of the following section:
§48-5-203. Grounds for divorce; cruel or inhuman treatment.
(a) A divorce may be ordered for cruel or inhuman treatment by either party against the other. Cruel or inhuman treatment includes, but is not limited to, the following:
(1) Reasonable apprehension of bodily harm;
(2) False accusation of adultery or homosexuality; or
(3) Conduct or treatment which destroys or tends to destroy the mental or physical well-being, happiness and welfare of the other and render continued cohabitation unsafe or unendurable.
(b) It is not necessary to allege or prove acts of physical violence in order to establish cruel and inhuman treatment as a ground for divorce.
(emphasis added)
So saying that your spouse is gay is considered "cruel or inhuman treatment" and grounds for divorce?

One can only imagine what would happen if someone called their spouse a "Jack Nut".