CONCORD, N.H. --
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.
The majority determined that the definition of adultery requires sexual
intercourse. The judges who disagreed said adultery should be defined more
broadly to include other extramarital sexual activity.
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