Marriage equality has long been sought by same-sex couples, and now that the United States recognizes it, the country also recognizes the potential for adultery in those relationships. The Maryland Attorney General recently had to address a state law that was unclear for same-sex couples. Can same-sex couples commit adultery without being with someone of the opposite sex? He says they can.
Under Maryland law, you can file for a divorce based on several fault-based grounds including adultery. Now, same-sex couples can do the same. Under this fault, a husband or a wife can get a divorce immediately without having to participate in the separation period required of divorces with no faults. Adultery is also important when it comes to child custody and alimony.
This issue is one that was thought to be unfair in the past, because some believed there was no chance of recognizing adultery in same-sex relationships. Cheating is cheating, according to the law today, though. To be fair to heterosexual and same-sex couples, adultery must be recognized in both cases. It also means that all relationships have the same responsibilities, and all laws apply equally across the different kinds of relationships recognized by the state.
Proving adultery is difficult, and you need evidence of your partner’s wrongdoing. Laws now recognize adultery as being unfaithful to a spouse in extramarital situations. For same-sex couples, this is sometimes complicated, since sexual acts are performed differently. The law is currently fairly specific, though some believe it could be only applied when partners have sex with other people. The attorney general points out that you only need to show that your spouse had the opportunity to be unfaithful, not evidence of the act.
Source: The Baltimore Sun, “Same-sex couples can commit adultery too, attorney general says,” Jessica Anderson and Colin Campbell, accessed April 07, 2017