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Originally Posted by deepimpact2
With respect to my statement about his wife, my statement was not intended to imply that she may not be hurt or that she isn't affected by the problems in her marriage. My point was that I couldn't likely see her being interested in suing his mistress.
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Fair enough, I'd buy that.
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Originally Posted by MysticCat
Short version: Since Lawrence v Texas, in which the US Supreme Court struck down Texas's law criminalizing sodomy on the grounds that it violated constitutional privacy protections (ie, criminalizing acts of sexual intimacy between consenting adults), there has been speculation that a similar reasoning would invalidate laws criminalizing adultery. Civil laws of alienation of affection and divorce would presumably provide adequate recourse for the "non-offending" spouse without the need for the government to impose criminal punishment.
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Exactly what I was referring to in my previous posts about Constitutionality, and probably shorter than what I would have posted. Thank you.
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Originally Posted by UGAalum94
The issue seems different to me because of the assumptions involved in legal marriage. In Lawrence, you have only the issue of private sexual behavior. In adultery cases, you have behavior which, likely, violates a legal contract, depending on what we assume that marriage means.
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How would it violate the legal contract of marriage, though?