Experts have warned that the concept of “adultery” could be abolished if the Government presses ahead with its plans to redefine marriage.
Under the Government’s same-sex marriage Bill to be debated in Parliament next week, “adultery” can only take place between a man and a woman.
This means that a homosexual couple in a ‘marriage’ cannot obtain a divorce on the grounds of adultery if one spouse has an affair with a person of the same sex.
Definition
Currently, “adultery” is described in law as voluntary sexual intercourse between a married person and someone who is not that individual’s spouse.
The decision not to extend the principle to homosexual ‘marriages’ was made after Government legal experts were unable to formulate a definition for “sexual intercourse” between same-sex couples.
But lawyers and MPs have warned that the distinction is likely to be perceived as discriminatory and could lead to the concept being abolished for heterosexual couples.
“The only appropriate and balanced way to deal with this would be to scrap the act of adultery as a basis for divorce altogether,” said divorce lawyer Ayesha Vardag.
“This might indeed be the point at which adultery dies the death in order to rectify this imbalance.”
Criticism
Tory MP David Burrowes said: “The Government have opened up a Pandora’s box.
“It has been a fundamental principle of marriage that it is based around exclusive sexual fidelity and that is what the redefinition of marriage would remove.
“This will create an opportunity, for good or ill, to recodify marriage which has developed in case law and has been in a settled position until now.”
Andrea Minichiello Williams, Director of the Christian Legal Centre, said: “The difficulties revealed in the proposed legislation demonstrate that male-female marriage is a unique institution. It shows how misleading it is to claim – as some people have – that introducing same-sex ‘marriage’ will strengthen the institution.
“Redefining marriage will lead to an undermining of marriage. Faithfulness to one another is an intrinsic part of marriage. The laws on adultery uphold this ideal.
“Fidelity is not just good for spouses but is in the best interests of children. The evidence shows that children do best with a mother and a father who remain committed to one another.
“Marriage must retain its current legal definition for the sake of faithful human relationships and the flourishing of society”.
The Government’s same-sex marriage Bill was published last week and will be debated in Parliament on 5th February.
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