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British lawyers say same-sex marriage bill could lead to other changes in law on adultery, divorce

January 28, 2013

Proposed legislation to allow for legal recognition of same-sex marriage could force changes in existing laws regarding divorce, legal experts in Britain have warned.

The government’s plan to allow same-sex marriage avoids a legal description of sexual intercourse. As a result, the law will leave unanswered questions about what constitutes adultery (which could be grounds for divorce) or consummation of a marriage. Since any definition would require a legal distinction between heterosexual and homosexual acts—and thus be subject to court challenge on grounds of unequal treatment—lawyers predict that Parliament would choose to repeal existing laws defining adultery as grounds for divorce.


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  • Posted by: nix898049 - Jan. 29, 2013 5:27 PM ET USA

    Let's just re-write the rest of the 10 Commandments while we're at it! That whiff of the odor of hell keeps getting stronger.

  • Posted by: geoffreysmith1 - Jan. 29, 2013 7:42 AM ET USA

    If adultery is abolished as a reason for suing for divorce, does this mean that an unfaithful husband can philander as much as he wishes and his wife will have no cause for complaint? If this is correct, then I can see domestic violence against some husbands reaching unprecedented proportions.