View Poll Results: Should adultery be a criminal offense punishable by jailtime?

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  • Obviously! It should carry MMS and strict for 2nd++ offense..

    5 4.55%
  • Yes, jailtime.

    4 3.64%
  • Yah, first fine, then jail, mild jail time.

    1 0.91%
  • Hmm.. Perhaps..

    8 7.27%
  • No..

    90 81.82%
  • Something else(explain).

    7 6.36%
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Thread: Should adultery be a criminal offense punishable by jailtime?

  1. #561
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    Wouldn't that in effect outlaw all divorces since they are all breaches of said license?
    I did not know that there is a clause stating "Divorce is not an option"
    Quote Originally Posted by Tucker Case View Post
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    Wouldn't that in effect outlaw all divorces since they are all breaches of said license?
    Wouldn't what outlaw all divorces?

  3. #563
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Shewter View Post
    Wouldnt that be the same thing? It is not noted... as in it is not there... blah. nevermind.

    Like I said, I believe it should be a part of a manogamous contract. Which marriage at the moment is.
    For most it is an implicit assumption. Good luck arguing that in court though if even the slightest hint of evidence suggests otherwise.
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    Wouldn't that in effect outlaw all divorces since they are all breaches of said license?
    As well as engagements. The ring is a conditional gift as part of a promise to get married. If the engagement is broken, the man is entitled to the ring back.
    Quote Originally Posted by Jerry
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Shewter View Post
    Wouldnt that be the same thing? It is not noted... as in it is not there... blah. nevermind.

    Like I said, I believe it should be a part of a manogamous contract. Which marriage at the moment is.
    Where did you get the idea that marriage is a monogamous contract? People have open relationships. People who are unable to perform sexually may allow their spouse to seek sex elsewhere as well.
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  6. #566
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Jerry View Post
    Wouldn't what outlaw all divorces?
    This part:

    Quote Originally Posted by Jerry View Post
    The state is a signing party in the marriage, so if another party breaches the license, doesn’t the state suffer damage? If so, that’s a ‘criminal offence’.
    All divorces are a breach of the marriage license. If the state has a compelling interest in that marriage, and any breaches of that license damage the sate and should be treated as criminal offenses, then divorces, by their very nature of being an end of the license, would always act against the compelling interests of the state.

    For example, if two parties have children together, and the compelling interest of the state with regards to that marriage is the upbringing of children, then allowing the two parties to divorce would be in direct contradiction to the state's interests.

    The basic premise being given is that anything that acts in opposition to the state's interests, damages the state, and should be seen as a criminal offense.

    Therefore, all divorces, which can only exist in opposition to the state's interests, and therefore DAMAGE the state, should be viewed as criminal offenses.

    There is plenty of evidence, often cited in defense of marriage, that shows raising a child in a broken home can be quite damaging to the child.

    The belief that the state has a compelling interest in marriage coupled with a desire to outlaw adultery can only mean that the state has a vested interest in keeping marriages intact. Therefore, divorce itself should be a criminal offence, by the logic described.

    In essence it is: "In offering jail time as deterrence, the state does have a compelling interest in that marriage for the upbringing of children…..hmmm…."

    Except I've applied this same logic to divorce in general, instead of a single factor of divorces, for the sake of consistency in defending the state's interests in marriage.



    It's a simple fact: The only way the State could possibly be damaged by adultery is if the adultery leads to a divorce since the state's interest in the marriage hinges entirely n the upbringing of children. For example: My wife banging the neighbor without me being aware of it cannot possibly, in and of itself, harm the state. Damage can only occur if it hinders the state's interests: i.e. the upbringing of children.

    If the state's interests in the upbringing of children is strong enough, I might even be COMPELLED to remain in a marriage even after the infidelity in order to assure the environment that the state desires: i.e. my interest in dissolving the marriage is outweighed by the State's interests in not dissolving the marriage. Not only that, but I may even be compelled to "pretend it didn't happen" for the sake of the children.
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Shewter View Post
    I suppose I consider it different for reasons beyond my comprehension.

    To me, cheating is more than just a lie. It's a destructive act perpetrated by a willing individual.
    And dumping someone isn't?

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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Jerry View Post
    In the absence of marriage, there is no assumption of monogamy.

    It is imposable to cheat on a boy/girl friend.
    Incorrect. There is a verbal agreement and assumption of monogamy if the participants dictate that in their relationship. Just like any relationship, including marriage. There is only an assumption of monogamy in a marriage if the participants MAKE that assumption and/or verbalize it. It is no different in a relationship that doesn't include a signed paper. The ONLY difference is in one relationship the state is involved, and in another... the state isn't involved. The relationships are identical in the sense that they are what the participants wish them to be.

    So you are very much incorrect that one cannot be cheated on unless one has the government involved in their relationship.

    In light of some recent arguments, I’m re-thinking my position. The state is a signing party in the marriage, so if another party breaches the license, doesn’t the state suffer damage? If so, that’s a ‘criminal offence’. It would be easy to add up the costs in government assistances and juvenile crime and call these damages to the state.

    In offering jail time as deterrence, the state does have a compelling interest in that marriage for the upbringing of children…..hmmm….
    I'm all for it. It would virtually eliminate state-run marriages altogether and that's a great thing.
    Last edited by rivrrat; 02-16-09 at 02:34 PM.

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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    All divorces are a breach of the marriage license.
    Wrong.

    Divorce itself is not a violation of the license. Divorce is a lawsuit seeking to recover damages when the license has been breached.

    Kindly redress your post accordingly.
    Last edited by Jerry; 02-16-09 at 02:40 PM.

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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Jerry View Post
    Wrong.

    Divorce itself is not a violation of the license. Divorce is a lawsuit seeking to recover damages when the license has been breached.

    Kindly redress your post accordingly.
    Ever heard of no-fault divorce?

    Dissolution of marriage?

    Anullment?
    Quote Originally Posted by Jerry
    The Amish are light-years ahead of the rest of the human race.



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