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Old 2015-08-01, 10:43   #1531
Brian-E's Avatar
Jul 2007
The Netherlands

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Originally Posted by xilman View Post
Here's a curiosity of English law, a situation in which I sympathize with the wife and think that the law should be changed so as to treat all parties equallty. It concerns alleged adultery of a husband with another man. In English law this is an act which is impossible to perform.
Very interesting situation. The following views by pro-equality groups quoted in that article really exemplify the concept of equality and pseudo-equality, to my mind:
The Peter Tatchell Foundation says that while it feels adultery is an antiquated aspect of the marriage laws, "nevertheless, this differential in the law governing same-sex and opposite-sex married couples is not equality".
However, The Equality Network, a Scottish gay rights group, held focus groups with their members when the Marriage and Civil Partnership (Scotland) Act 2014 was being debated, and they didn't feel the law on adultery needed to change. Unreasonable behaviour was considered to be sufficient.
I think the Equality Network made a huge mistake here. Saying that the adultery laws do not need to be changed because "unreasonable behaviour" will always suffice is a bit like saying that equal marriage is unnecessary because same sex partners have the same rights in civil partnerships as opposite sex married couples do. No, any different treatment of people on the grounds of their gender or their sexual orientation is unacceptable, and that includes applying divorce based on adultery differently.

I agree with the Peter Tatchell Foundation completely (as I usually do). If there must be adultery laws then they must apply equally for all people regardless of the gender of the person with whom the adultery is committed. But I would prefer to see the whole concept of "adultery" removed from law entirely. A marriage should be dissolved if, and only if, at least one of the married partners wishes it to be dissolved. Details of why either partner would want that should not be the concern of the courts.
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