Don't most marriage vows/contracts still include the promise "to have and to hold, forsaking all others," and some decorous wording about giving your body to the other? If they do, then the partner who refuses to give sex has already broken the contract.

I don't think Walking is suggesting that Earl Gray should break both his promises; rather, that the fact his partner hasn't kept her part of their bargain means that their contract can be dissolved/renegotiated without dishonour to him. If I signed a contract with my boss that left us both responsible for numerous responsibilities for a period of 10 years, and he routinely broke/ignored every clause--wouldn't I be within my rights to look for another job after a year, without being viewed as a rogue employee?