Adultry: why is adultry against the law?

[Flagrant da Nut]

why is adultry against the law and what is the govt stake in marriage vs adultry affairs?

[Soldier]

I have no idea why the government should have its hand in any of this. Adultry is bad, yes, but I don't see why it should actually be illegal. Not any business of the government's.

[gojujay]

Adultery laws are another example of some citizens using the heavy hand of government to impose and enforce their own morality against people who haven't suffered criminal damage. It is a tort action not a criminal action.

[Soldier]

I don't think that's the case so much, as it started when nobody really disagreed that adultery was bad.

[Philistine]

Most states don't have laws against adultry.

Even in those that do--they are very rarely enforced.

--Philistine

[Peach]

Haven't thought about it much as a legal issue, but if marriage is a contract, adultery is breaking the contract. If breaking contracts in general is illegal, why shouldn't it be in this specific instance?

Of course, there are practical reasons against it, such as STDs, expense, inconvenience, questionable paternity, and potential for disaster, but Scott Peterson's actionable offense was murder; his adultery was merely moronic (and was part of the basis for his conviction, wasn't it?)

[Epee_Pox]

Originally Posted by Philistine

Most states don't have laws against adultry.

Even in those that do--they are very rarely enforced.

--Philistine

Right. So this poll is sort of pointless.

[mrbiggs]

Originally Posted by Philistine

Most states don't have laws against adultry.

Even in those that do--they are very rarely enforced.

--Philistine

Really? I didn't know that...I'd always assumed that it was like drugs. You KNOW they're all around, and occaisionally arrests are made, but it's something you can usually do without legal problems, so long as you keep it quiet.

[esskreemr]

Originally Posted by mrbiggs

Really? I didn't know that...I'd always assumed that it was like drugs. You KNOW they're all around, and occaisionally arrests are made, but it's something you can usually do without legal problems, so long as you keep it quiet.

I saw somewhere that 25-26 states have adultery laws. Since I have never heard of anyone being charged with adultery, I doubt that they are enforced.

The military still considers adultery to be a chargeable offense. Of course, soldiers are required to adhere to a strict code of ethics. Except, apparently when they are handling prisoners of war. (Yesssss! That was an incredible transition! Score one for me... )

[mrbiggs]

Originally Posted by esskreemr

Except, apparently when they are handling prisoners of war. (Yesssss! That was an incredible transition! Score one for me... )

I'ma answer this quick so there's no ginormous fight.

The soldiers who mishandled the prisoners of war in Abu Gharib were prosecuted, and in many cases, punished. No one in the military said, at least to the public, that the soldiers actions were OKed by anyone in the administration or the upper levels of the military.

[Soldier]

Originally Posted by esskreemr

I saw somewhere that 25-26 states have adultery laws. Since I have never heard of anyone being charged with adultery, I doubt that they are enforced.

The military still considers adultery to be a chargeable offense. Of course, soldiers are required to adhere to a strict code of ethics. Except, apparently when they are handling prisoners of war. (Yesssss! That was an incredible transition! Score one for me... )

There's a lot of things that are illegal for us - including sodomy, which includes in its definition oral sex.

[noodle]

i don't think this is something that should have any direct laws on it. sure, its something to take under consideration when a divorce or something is pending, but it really depends on a lot of factors. how about an open relationship/marriage? would a marriage of this type be considered illegal under adultery laws? (i don't know, i have no clue how adultery laws work)

[jeff]

gojujay got it right - this is criminalization of private behavior for moralistic purposes. Even a divorce is processed in civil court, not in criminal. If adultery were a matter of violating a contract, that would also be a civil case, and somebody would have to file suit.

[Gav]

Is adultery aganst the law in the US? I don't think it is here in the UK. And what happens between 2 individuals is their business.

[Gav]

Oh i see that it was:

http://writ.news.findlaw.com/grossman/20031216.html

According to this these laws have mostly been repealed.

[Maeve_Mari]

Seems to me that it is leftover heavy handed lawmaking influenced by Christian belief on the government's procedures - much like blue laws on Sundays, and observance of Christian religous holy days, under God in the Pledge of Allegiance, and benedictions at state dinnners!

[Soldier]

Heavy-handed? Or simply popular?

You make it sound like these laws were passed to be oppressive, rather than simply being passed as "of course", since the vast majority of the population at the time was Christian, or subscribed to Christian beliefs (and many times, holidays).

[Maeve_Mari]

Originally Posted by Soldier

Heavy-handed? Or simply popular?

You make it sound like these laws were passed to be oppressive, rather than simply being passed as "of course", since the vast majority of the population at the time was Christian, or subscribed to Christian beliefs (and many times, holidays).

I think they were passed to be oppressive. Because, quite frankly, throughout the centuries and civilizations, Adultery has been quite popular!

[Soldier]

And, quite frankly, throughout the centuries and civilizations, adultery (spell it right, please!) has been widely considered wrong. So it only made sense for a government to outlaw what most people already thought was wrong.

[lochinvar]

But if people thought it was wrong, why would there be a need for a law against it?