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Should adultery be a criminal offense punishable by jailtime?

Should adultery be a criminal offense punishable by jailtime?

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

    Votes: 2 3.1%

  • Yes, jailtime.

    Votes: 2 3.1%

  • Yah, first fine, then jail, mild jail time.

    Votes: 0 0.0%

  • Hmm.. Perhaps..

    Votes: 0 0.0%

  • No..

    Votes: 57 87.7%

  • Something else(explain).

    Votes: 4 6.2%
  • Total voters
    65
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RiverDad said:
It's the violation of the terms of a contract and so there should be punishment just as there is punishment for violations of other contracts.
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Exactly what terms are there in the contract?
Is it expressly written somewhere regarding fidelity being a breech of said contract?
does said contract also consider failure to give up the pooty-tang a breech of said contract?
Why didn't I have to sign any contracts with these types of terms when I got married?
Did you just make that up?
 
creativedreams said:
I just saw the poll and it sadly proves most americans are morally bankrupt.!
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Nah, just human the thing is people often get married to people then a few years later they are no longer sexually attracted to them.
 
Tucker Case said:
Exactly what terms are there in the contract?
Is it expressly written somewhere regarding fidelity being a breech of said contract?
does said contract also consider failure to give up the pooty-tang a breech of said contract?
Why didn't I have to sign any contracts with these types of terms when I got married?
Did you just make that up?
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A contract is a binding agreement which involves the mutual exchange of value -- and the value can be a promise for a promise.

You took vows. You made each other promises. That's a contract. Whatever you promised are the terms.
 
To the people who voted yes, and the people that think it's a breach of some contract:

Just out of curiosity... where in the signed marriage license does it say "will never have sex with another human being - EVER"?

I don't recall seeing that in what I and the participants signed when I officiated a marriage.
 
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Harshaw said:
A contract is a binding agreement which involves the mutual exchange of value -- and the value can be a promise for a promise.

You took vows. You made each other promises. That's a contract. Whatever you promised are the terms.
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No vows are necessary for marriage. No promises. Just a signature.
 
Tucker Case said:
Exactly what terms are there in the contract?
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Google up a random marriage vow. They usually have pledges of fidelity. Now, I'll grant you, that if a couple is entering into an open marriage and their vows make note of the fact that they reserve for themselves the right to have sex with people other than their spouse, then there is no violation of contract taking place.
 
Harshaw said:
A contract is a binding agreement which involves the mutual exchange of value -- and the value can be a promise for a promise.

You took vows. You made each other promises. That's a contract. Whatever you promised are the terms.
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Everyone's vows are different. Verbal contracts aren't even worth the paper they are written on. How could we possibly decide to create laws regarding this?
 
rivrrat said:
No vows are necessary for marriage. No promises. Just a signature.
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Nonetheless, promises are made. And breaching the traditional marriage vows are legal grounds for divorce.
 
Harshaw said:
Nonetheless, promises are made. And breaching the traditional marriage vows are legal grounds for divorce.
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Don't even need a "breach of a vow" to get divorced. All you need is a desire to get divorced. So, your point is...?

And no, promises aren't always made. All that's required is a signature.
 
creativedreams said:
Far from........guess my statements are well over your head
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Your claims that an unscientific poll conducted on a political debate website with a exceedingly small sample of self-selected participants proves that America is morally bankrupt went over my head?

Obviously not, I already said you must have failed at science in school.
 
Tucker Case said:
Everyone's vows are different.
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Yup, and I said "whatever you promised."

Verbal contracts aren't even worth the paper they are written on.
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Ooooh, that's one of those layman's legal myths, like "finders keepers."


How could we possibly decide to create laws regarding this?
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We already do -- as I said, breach of the marital vows is grounds for divorce. And there are countries which do impose legal penalties.

I'm not advocating anything here, just providing the legal framework upon which it could be done.
 
rivrrat said:
To the people who voted yes, and the people that think it's a breach of some contract:

Just out of curiosity... where in the signed marriage license does it say "will never have sex with another human being - EVER"?

I don't recall seeing that in what I signed and the participants when I officiated a marriage.
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Yea i dont think we need the state involved in this kind of think the free market makes a woman look like a bitch or a guy look like an asshole.
 
I voted yes with jail time.
Currently the government decides who should be married and who should not be married. Adultery is grounds for dissolution of government marriage. So from that aspect I believe it should be criminal.

However that is just in the current system.

I believe that the government shouldn't be involved in marriage at all. They shouldn't be condoning homo, hetro, multiple, or any other type or kind of marriage or domestic partnerships. This would remove the authority of the government in the matter. If they don't recognize marriage, they also can't decide what the provisions regarding it are. That is the way it should be.
 
Tucker Case said:
Your claims that an unscientific poll conducted on a political debate website with a exceedingly small sample of self-selected participants proves that America is morally bankrupt went over my head?

Obviously not, I already said you must have failed at science in school.
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Guess I should have said reflects whats already been proven
 
rivrrat said:
Don't even need a "breach of a vow" to get divorced. All you need is a desire to get divorced. So, your point is...?
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No-fault is a recent, albeit mostly universal, development, yes. But it wasn't always that way.

And, when dividing things up, courts will take into account the behavior of the parties vis-a-vis the "wedding contract."

And no, promises aren't always made. All that's required is a signature.
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Most states require a ceremony be performed, among other things, as well as witnesses to that ceremony. Which means you have to actually declare your vows and say your "I Dos." In fact, I'm not aware of one which doesn't.

Sure, you could all sign the papers saying you did all that stuff, but it would be fraudulent.
 
rivrrat said:
To the people who voted yes, and the people that think it's a breach of some contract:

Just out of curiosity... where in the signed marriage license does it say "will never have sex with another human being - EVER"?

I don't recall seeing that in what I and the participants signed when I officiated a marriage.
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It's grounds for divorce according to the state. That would make it breech of contract. I think the technical term is Alienation of affection or something along those lines.

and is a tort offense in some. I know it is in NC.

Alienation of affections - Wikipedia, the free encyclopedia
 
Harshaw said:
Yup, and I said "whatever you promised."



Ooooh, that's one of those layman's legal myths, like "finders keepers."
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Do you actually have evidence that the vows said during the ceremony are legally binding? They may be grounds for a divorce, but can tehy be grounds for more than just a divorce?




We already do -- as I said, breach of the marital vows is grounds for divorce. And there are countries which do impose legal penalties.

I'm not advocating anything here, just providing the legal framework upon which it could be done.
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Can the US impose legal penalties. Are the words of the vows actually considered legally binding? (this is different from grounds for a divorce. )
 
creativedreams said:
I believe it absolutely should because it tears apart the very fabric of our societies morals. (which by the way america has few when it comes to family values)

People who get married and then get cheated on are actually completely cheated in life in terms of having shattered dreams for there family foundation.

If a person has a desire for other people other than their spouse then they should have the descency to formally end the relationship first.

Because of the impact it has to the cheated on and the children if it was a mistake but still led to destroying a family I believe it should be a very serious crime.
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Many couples survive affairs and live on to have happy marriages.
 
Harshaw said:
No-fault is a recent, albeit mostly universal, development, yes. But it wasn't always that way.
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Yeah, it USED to be that women were considered property and had no say in who they were going to marry or when. But that was then, and this is now.

And, when dividing things up, courts will take into account the behavior of the parties vis-a-vis the "wedding contract."
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As well they should when dividing up assets between two partners with a legal disagreement. Whether it's a marriage, or business relationship. I mean, if man repeatedly beats the crap out of his wife and she ends up cheating on him, well... I would hope the judge awards her everything in the divorce proceedings.


Most states require a ceremony be performed, among other things, as well as witnesses to that ceremony. Which means you have to actually declare your vows and say your "I Dos." In fact, I'm not aware of one which doesn't.
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No, all that's required by the state is a piece of paper signed by the husband, wife, witnesses, and the person officiating. No ceremony need be performed. No vows are EVER necessary. And, even if for some insane reason a state required a "ceremony", all you have to say is: "Do you take him/her to be your husband/wife?" Finis.

Sure, you could all sign the papers saying you did all that stuff, but it would be fraudulent.
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Nothing in my paperwork said a damn thing about any ceremony. Only that there were witnesses to the willful signatures of the husband/wife. That's it.


Phoenix said:
It's grounds for divorce according to the state. That would make it breech of contract. I think the technical term is Alienation of affection or something along those lines.

and is a tort offense in some. I know it is in NC.

Alienation of affections - Wikipedia, the free encyclopedia
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Don't need that to get divorced. Just gotta say you want to get divorced.
 
talloulou said:
Many couples survive affairs and live on to have happy marriages.
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Nope. For better for worse, in sickness and in health, 'Till death do us part means severe punishment if one party shows any weakness. Instead of addressing the reasons why people stray, we should jail them!

Morally bankrupt I tells ya!
 
Tucker Case said:
Do you actually have evidence that the vows said during the ceremony are legally binding?
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A verbal contract is as legally binding as a written contract. The reason that verbal contracts face more challenge in court is because there is little, or no, evidence of them being executed. However, if both parties to a verbal contract went to court and both admitted to the existence of a verbal agreement and the terms of the agreement but one party disputed the contractual nature of the verbal agreement because it wasn't codified in written form, then that party would lose their argument as the judge found the verbal contract did exist and that its terms enforceable.

Most wedding vows don't make a habit of noting that sexual fidelity is off the table and that the partners can screw around as they please.
 
Tucker Case said:
Do you actually have evidence that the vows said during the ceremony are legally binding? They may be grounds for a divorce, but can tehy be grounds for more than just a divorce?
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Traditionally, in many jurisdictions, they have been. This scot-free, no-fault divorce thing is pretty much exclusively a 20th-century development.


Can the US impose legal penalties.
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It would be a state thing, but there's no reason why they couldn't. Like I said, it wouldn't be new.

Are the words of the vows actually considered legally binding? (this is different from grounds for a divorce. )
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Depends what you mean. In some respects they are. Not in a criminal sense.

But they certainly could be made to be, explicitly and forcefully.

Doesn't mean I think they should be. But there's certainly a framework for it, and even a strong social argument to be made.
 
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