Blurring the line separating church and state...

[Crackle]

Originally posted by SO

#7. Legal grounds for divorce, and it is illegal in many states and you could be charged with it. A crime? Yes

Divorce is a CIVIL dispute. NOT CRIMINAL.

Adultery is certainly grounds for a divorce but NOWHERE in ANY viable law does it say anywhere that having sex with a woman (or man) that is not your husband or wife is illegal.

Divorce is based on property rights, not sexual boundaries.

1.

"Sexual intercourse by a married woman with a man other than her husband [is] regarded as an offense against public morals, not merely as a breach of the obligation of marriage" West's California Digest.
2.

"Adultery [is] a felony ... punishable by imprisonment in the state prison not exceeding 5 years", California Penal Code as amended March 21, 1911.
3.

"Act of 1872 from which adultery law was derived apparently has not been appealed" West's Penal Code.
4.

"Adultery [is a] counterfeit of marriage relation", People v. Bealey, 81 C.A. 648.
5.

"Cohabitation and adultery [are a] violation of Penal Code 269a" People v. Breeding, 19 C.A. 359.
6.

"Sexual intercourse, not cohabitation, is adultery", People v. Woodson, 29 C.A. 531.
7.

"Adultery is, as is well understood, sexual intercourse of one spouse with any one other than the spouse", People v. Salmon 148 C. 303
8.

"Sexual inclinations/reasonable opportunity [are] proof of adultery", Security First National Bank v. Schaub, 71 C.A.2d 467.
9.

Federal law also considers adultery to be a crime serious enough to deny immigrants admission to the US: "No person shall be regarded as a person of good moral character who ... has committed adultery", 8 USC 1101 (f)(2).