Gay Sex Isnt Adultery
 

http://www.gay.com/news/article.html?2003/11/07/4


CONCORD, N.H. -- If a married woman has sex with another woman, is that adultery? The New Hampshire Supreme Court, ruling in a divorce case, says no.

The court was asked to review a case in which a husband accused his wife of adultery after she had a sexual relationship with another woman. Robin Mayer of Brownsville, Vt., was named in the divorce proceedings of David and Sian Blanchflower of Hanover.

A Family Court judge decided Mayer and Sian Blanchflower's relationship did constitute adultery, but Mayer appealed to the Supreme Court, arguing that gay sex is not adultery under New Hampshire divorce law.

Three of the five justices agreed. Two others -- generally considered the court's more conservative members -- did not.

Part of the problem in New Hampshire is that adultery is not defined in the state's divorce laws. So the court looked up "adultery" in Webster's dictionary and found that it mentions intercourse. And it found an 1878 case that referred to adultery as "intercourse from which spurious issue may arise."

Other states, including Georgia, Florida and South Carolina, have defined adultery in broader terms -- beyond intercourse -- to include gay sex.

"I think the majority opinion is unintentionally trivializing same-sex relations and violating modern notions of the sanctity of marriage," said Marcus Hurn, a professor at Franklin Pierce Law Center.

A sexual relationship, whether heterosexual or homosexual, is "exactly an equivalent betrayal and that, I think, is the ordinary meaning most people would give."

But the majority did not want the New Hampshire courts to step onto the slippery slope of defining which sex acts outside of intercourse might amount to adultery.

"This standard would permit a hundred different judges ... to decide just what individual acts are so sexually intimate as to meet the definition," the court said.

The dissenters said adultery should be defined more broadly to include other intimate extramarital sexual activity.

A relationship is adulterous "because it occurs outside of marriage and involves intimate sexual activity, not because it involves only one particular sex act," said Chief Justice David Brock and Justice John Broderick.

David Blanchflower had no comment on the ruling. Sian Blanchflower and Mayer did not immediately return calls for comment.

:Graucho

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Gay Sex Isnt Adultery...
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its just wrong

:thumbsup

To each his own buddy

truedaT, people should do as thgey please or feel comfortable.
just being sarcastic with Studmoney

:glugglug

I?m in two minds here...

If a guy suck himself - Is he Gay ?

From a male perspective - Females for fill a need in males a male can not BUT a male for fills another need in a male that a female cannot. That is the basic level or DOS of human sexual drive.

Overlaid on this is all the socializing shit that fucks people in the brain and keeps them in their box.

You can't contain/label sexuality

No,.... sex with children and small animals is just plain wrong!!

:eek7

No of course not. That's ridiculous.

If a guy masterbates would that make him gay? That's auto-erotic behaviour...doesn't make somebody gay/straight.

what a load of crap! this is new hampshire's way of invalidating homosexual behavior. what is the difference who that woman was naked with - IF she was naked and having sex, it's fucking adultry.

anyone that isn't in an open or swinging relationship shouldn't be kissing, stroking, fondling or naked in a bed with anyone else - man, woman or trans.

Resolute sais " If it feels good - Go For It"

that's just whacked
a law from 1878? I hope we don't go back to burning people for being witches, lotta them still hang out around that area

Do you float?:)

if you take a look at it, .... man to a man or woman to a womann isn't it far worst than man having sex with another woman while they are married.?:helpme

MSB, not to me. on a very personal level, it isn't about WHO you're unfaithful with, it's about my partner and me - the fact that a partner chose to betray a promise that he or she made to me and to act on it physically knowing that i would not choose to agree to be with him or her if i know he or she would do this.

so i should like fine a real chick to have as a GF, and just fuck trannies on the side and i wont have to feel bad? sweet


wait... i have no conscience... my bad...