Tag Archives: human-rights

End of Adultery?

27 Jan
Christ and the Woman Taken in Adultery

Christ and the Woman Taken in Adultery (Photo credit: Wikipedia)

The current legislation around making gay marriage has popped out  a surprise – gay couples who are married under the new law will not be able to divorce on grounds of adultery, likewise having a gay  marriage annulled on grounds of non-consummation. Partners in same sex unions will instead have to divorce unfaithful partners on the grounds of “unreasonable behaviour”, as is currently the case with civil partnerships.

This developments seems to down to Government legal experts who failed to agree what constitutes “sex” between people of the same gender. Therefore the distinction created inequality between heterosexual and homosexual couples in the divorce courts.

Jonathan West, the head of family and marriage law at Prolegal, said: “In my view it is discriminatory. The test for discrimination is whether one section of society is treated differently from another. They are being treated differently.

It means that people in a same-sex marriages who discover that their spouse is unfaithful to them would not be able to divorce for adultery – unless it was with someone of the opposite sex. Equally, it makes clear that straight people cannot accuse their partner of adultery if they discover they had a secret lover of the same sex. It could also ultimately lead to the abolishment of adultery in law under the basis of equality – fundamentally changing marriage law.

Some have claimed, if passed, this will open up a “Pandora’s box”. Likewise civil partnership will still be the exclusive right of gay couples, something Peter Tatchell calls, “flawed and wrong” and a “discrimination against straight couples”.

What a mess…

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