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NH Supreme Court: Gay Sex Not Adultery


— November 7, 2003

If a married woman has sex with another woman, is that adultery? The New Hampshire Supreme Court says no.

The court was asked to review a divorce case in which a husband accused his wife of adultery after she had a sexual relationship with another woman. Any finding that one spouse is at fault in the break-up of a marriage can change how the court divides the couple’s property.

Robin Mayer, of Brownsville, Vt., was named in the divorce proceedings of a Hanover couple. She appealed the case to the Supreme Court, arguing that gay sex doesn’t qualify as adultery under the state’s divorce law.

In a 3-2 ruling Friday, the court agreed.

Reported here from WNNE TV.


If a married woman has sex with another woman, is that adultery? The New Hampshire Supreme Court says no.

The court was asked to review a divorce case in which a husband accused his wife of adultery after she had a sexual relationship with another woman. Any finding that one spouse is at fault in the break-up of a marriage can change how the court divides the couple’s property.

Robin Mayer, of Brownsville, Vt., was named in the divorce proceedings of a Hanover couple. She appealed the case to the Supreme Court, arguing that gay sex doesn’t qualify as adultery under the state’s divorce law.

In a 3-2 ruling Friday, the court agreed.

Reported here from WNNE TV.

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