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. #591
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Jerry View Post
    You just did though You just did it again


    Divorce itself is not a breach of the marriage license.

    Look, I can give you the actual list of things that breach the marriage licince in SD:



    That is a complete and exahstive list of all inftractions which breach the licince. Where do you see "divorce" on that list?
    Those aren't necessarily breaches. You aren't required to divorce. You have the option given those circumstances.
    Quote Originally Posted by Jerry
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    You were speaking from a sociological point of view, and under that light I agree.

    But you and I are not debating the sociological perspective.

    We are debating the dry technical mechanics of a state issued license.

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

    Quote Originally Posted by independent_thinker2002 View Post
    Those aren't necessarily breaches.
    Yes, they are all breaches.

    Quote Originally Posted by independent_thinker2002 View Post
    You aren't required to divorce. You have the option given those circumstances.
    ....and?

    We're talking about divorces that do occur when they have the option.

    If you're not talking about divorces that do occur when they have the option, you are off point.

  4. #594
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Jerry View Post
    You just did though You just did it again


    Divorce itself is not a breach of the marriage license.

    Look, I can give you the actual list of things that breach the marriage licince in SD:



    That is a complete and exahstive list of all inftractions which breach the licince. Where do you see "divorce" on that list?
    Those are all justifications, i.e. grounds, for breaching the license.

    But lets go further, using your list: Habitual intemperance

    This is typically is a condition that exists prior to entering the marriage obligation. How can that possibly be a breach of license if it was extant prior to the entering into the obligation?

    But let's say it developed after the obligation is entered into: Habitual intemperance is a sickness

    The marriage vows include: "In sickness and in health".

    Thus choosing to terminate a marriage due to a sickness of one's partner is a breach (failure to live up to the obligations) of the marriage license.
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Jerry View Post
    Yes, they are all breaches.



    ....and?

    We're talking about divorces that do occur when they have the option.

    If you're not talking about divorces that do occur when they have the option, you are off point.
    And anything could really fall under "irreconcileable differences". A change in religion for example could fit under this.
    Quote Originally Posted by Jerry
    The Amish are light-years ahead of the rest of the human race.



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

    Quote Originally Posted by Jerry View Post
    You were speaking from a sociological point of view, and under that light I agree.

    But you and I are not debating the sociological perspective.

    We are debating the dry technical mechanics of a state issued license.
    We're discussing the difference between justifications for the breach of marriage license vs. the actual breach of the marriage license.

    I'm saying that "grounds for divorce" are simply justifications for one party to not live up to the obligations of the marriage contract.

    Granted, this is becoming a semantics debate more than anything else so it would probably be best for me to simply abandon it.
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Jerry View Post
    That is a complete and exahstive list of all inftractions which breach the licince. Where do you see "divorce" on that list?
    Just an aside on that list it mentions "extreme cruelty". I would hope ALL cruelty, even moderate cruelty would be a reasonable justification for divorce.

    I'm just sayin'
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    Re: Should adultery be a criminal offense punishable by jailtime?

    Quote Originally Posted by Tucker Case View Post
    Those are all justifications, i.e. grounds, for breaching the license.
    When a license allows parties to vacate under specific circumstances, vacating under those specific circumstances is infact to comply with the license; not to breach it.

    When one party commits an act which gives the other party grounds for divorce, the 'full faith and credit' of the license has been broken and the vows are no longer binding to either party.

    Quote Originally Posted by Tucker Case View Post
    But lets go further, using your list: Habitual intemperance

    This is typically is a condition that exists prior to entering the marriage obligation. How can that possibly be a breach of license if it was extant prior to the entering into the obligation?
    Without special provision, that license is a fraud.

    Quote Originally Posted by Tucker Case View Post
    But let's say it developed after the obligation is entered into: Habitual intemperance is a sickness

    The marriage vows include: "In sickness and in health".

    Thus choosing to terminate a marriage due to a sickness of one's partner is a breach (failure to live up to the obligations) of the marriage license.
    The person who developed the sickness was the one to break the 'full faith and credit' claws of the license, therefore the other person is no longer under any requirement to remain married. At that point, the vow the healthy person made does not exist and is no longer binding.
    Last edited by Jerry; 02-16-09 at 04:31 PM.

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

    Quote Originally Posted by Tucker Case View Post
    We're discussing the difference between justifications for the breach of marriage license vs. the actual breach of the marriage license.

    I'm saying that "grounds for divorce" are simply justifications for one party to not live up to the obligations of the marriage contract.

    Granted, this is becoming a semantics debate more than anything else so it would probably be best for me to simply abandon it.
    When grounds for divorce are present, the obligations of the marriage contract no longer exist.

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

    Quote Originally Posted by independent_thinker2002 View Post
    And anything could really fall under "irreconcileable differences". A change in religion for example could fit under this.
    Yup.




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