A recent 2021 case, In the Matter of Molly Blaisdell and Robert Blaisdell, expanded the scope of adultery to include same sex relationships.
In this case, the New Hampshire Supreme Court looked at how adultery is defined in divorce law. In a 2003 case called Blanchflower v. Blanchflower, the court had said that adultery only happens between a man and a woman. This meant that same-sex relationships did not count as adultery under New Hampshire’s divorce laws. The respondent challenged this view after claiming that his spouse had an affair with another woman.
The court decided to change the old ruling because the law now recognizes same-sex marriage, and the U.S. Supreme Court has said that same-sex couples have the right to marry. It no longer made sense to limit adultery to opposite-sex couples. The court found that defining adultery this way didn’t fit with current laws and the rights of same-sex couples to have the same protections in marriage.
As a result, the court changed the definition of adultery to include sexual relationships outside of marriage, regardless of the gender of the people involved. This new definition means that adultery can now be used as a reason for divorce in same-sex relationships as well. The court also clarified that adultery includes different kinds of intimate contact, not just traditional intercourse.
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