Should adultery be made illegal? (Now with correct poll)

[Homie]

Well, should it?
Here is my case for why it should:
1. You entered into a binding contract/pact with your wife. You are breaching the contract if you are unfaithful. So actually adultery is already illegal, it is just not being enforced.
2. Say you are a father and husband. Cheating on your wife could split up the marriage, and definately would harm both your wife and children much more than say; a burglary, mugging or auto-theft, all of which are illegal.

Vote in the poll. And add anything you think is worth adding to the thread.

 

[Rambuchan]

Like you said, it's already illegal, just not enforced - at least it isn't in Western countries.

 

[bhsup]

Yes, criminally illegal and enforced. You didn't need a new poll.

 

[MobBoss]

I voted other. Being in the military I deal with this almost every day. In the military it is illegal and a punishable offense. However, the burden of proof is extremely high in this type of case, and is generally done by an offended and pregnant girlfriend.

The state I live in has no adultery law. And I get a lot of calls from women who have been ditched by their husband who ran off with someone else. Its pretty sad having to listen to some of these storys, many involving kids who have been totally abandoned.

Adultery should be a crime. Possibly only a civil crime as opposed to a criminal one though. I am neither a fan of the no-fault divorce rule either. To me, marriage is a very serious thing...I wish people would be more serious about it prior to getting wed, then our country would have a LOT less problems.

Bottom line, I think the feds should stay out of it and leave it to the states to vote on it as they will.

 

[Ansar]

Yes, it should, you should be consient of your actions.

 

[Homie]

Like you said, it's already illegal, just not enforced - at least it isn't in Western countries.

Well, it is my opinion that it is technically already illegal because it is breach of contract. But it isn't its own law, and it is not treated like its illegal, in every way in the judicial system, it is not illegal.

 

[Bud2998]

I vote no because I think the consequences ought to be determined by those involved (such as divorce). No need to bring someone to the courtroom for what happened in the bedroom.

 

[Irish Caesar]

Should it be illegal? Yes.
Should it be taken to the courts? Hell, we'd never try any other cases if we did that!

I'm not sure how to enforce it, but it shouldn't be legal, pretty much for the "violation of contract" reasons. And, of course, there are victims.

 

[Kayak]

The state I live in has no adultery law. And I get a lot of calls from women who have been ditched by their husband who ran off with someone else. Its pretty sad having to listen to some of these storys, many involving kids who have been totally abandoned.

what state are you in BTW?

Adultery should be a crime. Possibly only a civil crime as opposed to a criminal one though. I am neither a fan of the no-fault divorce rule either. To me, marriage is a very serious thing...I wish people would be more serious about it prior to getting wed, then our country would have a LOT less problems.

I think breach of contract law would work best here. Law enforcement must have better thing to do. Not sure about no-fault what if one person just wanted out and the other person would not let them? That situation could get ugly quickly.

Bottom line, I think the feds should stay out of it and leave it to the states to vote on it as they will.

What would happen if it was legal in one state and illegal in another? It would probably be caos.

 

[bhsup]

What would happen if it was legal in one state and illegal in another? It would probably be caos.

Just out of curiosity, why would that cause chaos? It would be no different than any other difference in what's legal or not between States.

 

[Homie]

No need to bring someone to the courtroom for what happened in the bedroom.

Why not? In child sex cases this is exactly what happens.

 

[GenMarshall]

Adultery should be illegal!

 

[Irish Caesar]

What would happen if it was legal in one state and illegal in another? It would probably be caos.

Like the chaos around the country resulting from Massachusetts allowing homosexual marriage and no other state permitting it?

Hm. Wait...there wasn't chaos in Massachusetts, and there isn't chaos outside of it, either.

 

[MobBoss]

what state are you in BTW?

Washington State.

I think breach of contract law would work best here. Law enforcement must have better thing to do. Not sure about no-fault what if one person just wanted out and the other person would not let them? That situation could get ugly quickly.

To be honest a breach of contract lawsuit wont work either. A marriage license, while legal, is not a contract per se. They would just send you to divorce court. The only covenant regarding it such is the biblical one. Actually, the person not signing a divorce is a myth. You can force their hand and if they dont sign within a court mandated timeframe the divorce is finalized as a default judgement.

What would happen if it was legal in one state and illegal in another? It would probably be caos.

Up to the judge actually. I seem to recall a divorce action that was tossed out in some north central state...two lesbians that had gotten married in MA and then moved there filed for divorce....the court wouldnt hear it since in the eyes of the state they werent legally married to begin with. There is supposed to be some level of reciprocity between the states on such matters, but things are changing a bit these days.

 

[slip79]

I'm suprised at the number of people who think it should be illegal.
I voted no.

 

[Homie]

Why do you vote no?

 

[Bugfatty300]

No. Marriage should treated legally as a contract and breaching a contract isn't criminal. It should be handled in civil court.

Does anybody really think someone should be locked up for being a lousy spouse? (outside of physical abuse of course.)

Marriage is hardly treated anywhere near serious enough these days to lock people up for getting laid on the side.

 

[sanabas]

Where does it explicitly state in the marriage contract that sex outside the marriage isn't allowed? It's certainly implied in most marriages, but not all. Some people get married without that expectation of no sex outside marriage. What would happen to prostitution? Outlaw adultery, and suddenly prostitution is legal only for unmarried people? I also see cheating on someone before marriage as just as bad as cheating on them after marriage. So no, I don't think it should be illegal.

 

[slip79]

I just don't think it should be illegal.
I kinda agree with Bud2998.
Technically it is illegal if you look at contract law I suppose.
The idea of trying to enforce it though is crazy.
Looking at it from a personal point of view, my dad cheated on my mum, they worked things out and now their marriage is stronger than I've ever seen it.
Pretty sure that convicting him of a crime would've harmed more people in the long term. My family was already hurt by the cheating but prosecuting him woulda made it worse for my sisters and I. (Not to mention the greater family group.)

 

[bhsup]

Pretty sure that convicting him of a crime would've harmed more people in the long term. My family was already hurt by the cheating but prosecuting him woulda made it worse for my sisters and I. (Not to mention the greater family group.)

Maybe if it had been a criminal act that was vigorously enforced, he wouldn't have cheated in the first place at all.