@rbynaker  I don't need no stinkin' Code section, it just confuses me when you say that the non-itemizing spouse can still claim standard deduction, it's just that it's zero.  That's a loophole, but it favors the gub'mint.  Unfair and likely unConstitutional.  

An interesting question would be whether the married taxpayer qualifies to file as head of household, and itemizes.  Does that mean the spouse must itemize also?  I had to look that up once, and I think the answer was no.