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.

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