Quote:
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.
i think that may be generally true, but this case is a little different, I think. Sanford basically set up the media response by going AWOL. It was a story before the adultery part came out -- though as has been said, many of us guessed that it was coming. I still think the AWOL aspect is still the real public story, although it's not a juicy.
|
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.
(If adultery has long been a reason to file for divorce, it would seem to violate the idea of marriage. Even if the spouse engaging in the adultery consents, it would seem that the other spouse would have to as well for the issue to boil down to the same thing as Lawrence vs. Texas. )
Threaded Mode
