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Fri 7 Nov, 2003 06:19 pm
Supreme Court: Gay Sex Not Adultery
Decision Comes In Divorce Appeal
POSTED: 11:55 a.m. EST November 7, 2003
CONCORD, N.H. -- If a married woman has sex with another woman, is that adultery? The New Hampshire Supreme Court says no.
The court was asked to review a divorce case in which a husband accused his wife of adultery after she had a sexual relationship with another woman. Any finding that one spouse is at fault in the break-up of a marriage can change how the court divides the couple's property.
Robin Mayer, of Brownsville, Vt., was named in the divorce proceedings of a Hanover couple. She appealed the case to the Supreme Court, arguing that gay sex doesn't qualify as adultery under the state's divorce law.
In a 3-2 ruling Friday, the court agreed.
The majority determined that the definition of adultery requires sexual intercourse. The judges who disagreed said adultery should be defined more broadly to include other extramarital sexual activity.
This is so stupid
This whole issue is so stupid. Why New Hampshire is still using old rules to determine a divorce is amazing. If the state used No Fault Divorce rules, these issues wouldn't even come up.
Aside from that, its an interesting new viewpoint re homosexuality that will only add fuel to the fire.
BBB
I believe former President Clinton had a similar distinction in mind. No intercourse, no adultry.
Former President Carter, on the other hand, took some flak for stating his belief that adultry could occur in the mind, if one merely entertained lustful thoughts.
There is a dividing line in there somewhere, perhaps subject to changing values.
What can one expect from our court system. Where judges are appointed or put up for election based upon their political connections
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