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Monday, November 10, 2003

NH SUPREME COURT: GAY SEX NOT ADULTERY: From the Associated Press

For those following the "legal definition of consummation" discussion:

If a married woman has sex with another woman, is that adultery? The New Hampshire Supreme Court, ruling in a divorce case, says no. ...

Part of the problem in New Hampshire is that adultery is not defined in the state's 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 referred 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.

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