Thursday, July 10, 2014
Constitutionality of Alienation of Affection
I received a copy of an interesting opinion yesterday. A judge in North Carolina has ruled that the tort of alienation of affection is unconstitutional. A copy of the opinion is located here. The opinion is based largely on the premise that you cannot create a civil penalty for private consensual sexual contact which the U.S. Supreme Court found to be protected activity in Lawrence v. Texas. I actually raised this issue in a case a few years back but the case resolved prior to addressing the constitutional issue. It sounds like a little bit of a stretch until you read the opinion. The argument is pretty compelling.