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Old 11-10-2003, 02:43 AM   #1
Timber Loftis
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Associated Press, reprinted in the Chicago Tribune, 11/9/03, and typed by TL, so please forgive typos:

Concord, NH....

The [New Hampshire Supreme] court was asked to review a case in which a husband accdused his wife of adultery after she had a sexualt relationship with another woman. Robin Mayer of Brownsville, Vt., was named in the divorce proceedings of david and Sian Blanchflower of Hanover.

A Family Cour judge decided Mayer and Sian Blanchflower's relationship constituted adultery, but Mayer appealed to the Supreme Court, arguing that gay sex is not adultery undr N.H. divorce law.

Three of five justices agreed.

Adultery is not defined in N.H. 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 referrred 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 [ed. in Concord, NH].

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 state courts to step onto the slipery slope of defining which sex acts outside of intercourse might amount to adultery.

"This standard would permit judges.... to decide what individual acts are so sexually intimate as to meet the definition," the court siad.

The court ultimately said a married woman having sex with another woman is not intercourse, nor adultery.

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[*SNIP* -- sorry for any offense]

Anywho, yet another complication on the whole "what is a real relationship" issue.

[ 11-10-2003, 12:21 PM: Message edited by: Timber Loftis ]
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Old 11-10-2003, 04:23 AM   #2
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Is it really so difficult to define sex? Surely a definition along the lines of:
Intimate genital contact between two consenting parties in a manner likely to cause (and for the purpose of) sexual arousal."
would suffice? I can't see where the difficulty is...


[ 11-10-2003, 04:24 AM: Message edited by: Skunk ]
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Old 11-10-2003, 05:07 AM   #3
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The real issue here isn't the definition of sex, but the definition of adultery. You 'cheat' by accepting and celebrating the physical affections of someone other than your monogamy-partner (if indeed monogamy is something you strive for). The gender of the person you cheat with is irrelevant, the betrayal of a monogamous marriage-pact remains the same.
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Old 11-10-2003, 06:36 AM   #4
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I see what you mean. Personally, I prefer wordnet's definition of adultery as: "extramarital sex that willfully and maliciously interferes with marriage relations"

No doubt Merrium Webster will update it's dictionary in the next twenty years to include this more modern definition...
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Old 11-10-2003, 10:24 AM   #5
Timber Loftis
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Well, it ain't even that hard. Let us think. Hmmm.... lesbian sex is SODOMY by definition in every state I've encountered. Now, can we really say sodomy is not sex, and is not adultery? If so, doesn't that change a slew of other legal rulings?
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Old 11-10-2003, 12:22 PM   #6
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Just a word of warning on this subject. Serious discussion is encouraged as it can lead to a better understanding of the issues. Just remember that some of the readers might not be of an age where the more graphic aspects of this conundrum are appropriate to the discussion.

Carry on.

[ 11-10-2003, 12:27 PM: Message edited by: Mouse ]
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Old 11-10-2003, 02:28 PM   #7
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Well, sex just is. Depending on what your deffinition of "is" is .... that is.

Can I be President now? [img]tongue.gif[/img]
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Old 11-10-2003, 04:33 PM   #8
WillowIX
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Quote:
Originally posted by Mouse:
Just remember that some of the readers might not be of an age where the more graphic aspects of this conundrum are appropriate to the discussion.
OK you have my attention Mousey, please elaborate. Give us some graphic aspects. [img]tongue.gif[/img]

Anywho, totally ridiculous verdict. Does it matter if it is a man or a woman? I think not. It is still a betrayal to the vows they both agreed on when they wed.
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Old 11-10-2003, 05:31 PM   #9
Timber Loftis
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Graphic aspects? Who has time to draw while having sex?
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Old 11-10-2003, 07:17 PM   #10
sultan
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Quote:
Originally posted by The Hierophant:
The real issue here isn't the definition of sex, but the definition of adultery. You 'cheat' by accepting and celebrating the physical affections of someone other than your monogamy-partner (if indeed monogamy is something you strive for). The gender of the person you cheat with is irrelevant, the betrayal of a monogamous marriage-pact remains the same.
is cheating only the physical affections? even a non-sexual relationship can be cheating (reference temptation island [img]tongue.gif[/img] ).

grounds for divorce? maybe, maybe not...

as an example, wasnt there a story about hillary clinton not being offended by bill's physical transgretions but being more concerned that he'd find someone emotionally/intellectually that he would connect with?
 
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