Quote:
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.
|
True, but I can't think of any other instance where breach (violation) of a contract is a criminal offense.
That's sort of where the rubber would hit the road: What is the state's legitimate interest in criminalizing conduct that otherwise may be protected by constitutional privacy rights? If a contract analysis is being applied, it is the non-breaching party who has the legitimate interest in seeking redress for the breach, not the government.
As for adultery vs. no-fault, in some states, you can't get alimony under no-fault. Adultery or some other fault will have to be shown if you're looking for anything beyond division of property or child support.