Blanchflower v. Blanchflower
Encyclopedia
Blanchflower v. Blanchflower, 150 N.H. 226, is a landmark decision handed down by the New Hampshire Supreme Court
which ruled that sexual relations between two females, one of whom is married, does not constitute adultery
, because it is not technically sexual intercourse.
filed for divorce
from his wife on the grounds that she was having an adulterous affair with Ms. Robin Mayer of West Windsor, Vermont
. As in most cases of divorce involving alleged adultery, the professor was seeking an “at fault” ruling against his wife. His wife admitted that she was having an affair with Ms. Mayer, but argued that the affair did not constitute adultery under New Hampshire
law.
ruled in favor of Mrs. Blanchflower and Ms. Mayer, concluding that adultery must involve sexual intercourse under New Hampshire law. In the 3-2 ruling, the majority determined that sexual relations between two female people cannot constitute sexual intercourse and, therefore, the affair was not adultery. The dissenters objected to the majority’s use of the 1961 edition of Webster's Third New International Dictionary as support for their definition of sexual intercourse as between a man and a woman.
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
which ruled that sexual relations between two females, one of whom is married, does not constitute adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
, because it is not technically sexual intercourse.
Background
In 2003, a professor from Dartmouth CollegeDartmouth College
Dartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
filed for divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
from his wife on the grounds that she was having an adulterous affair with Ms. Robin Mayer of West Windsor, Vermont
West Windsor, Vermont
West Windsor is a town in Windsor County, Vermont, United States. The population was 1,067 at the 2000 census.-Geography:According to the United States Census Bureau, the town has a total area of 24.7 square miles , of which, 24.7 square miles of it is land and 0.04 square miles of...
. As in most cases of divorce involving alleged adultery, the professor was seeking an “at fault” ruling against his wife. His wife admitted that she was having an affair with Ms. Mayer, but argued that the affair did not constitute adultery under New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
law.
Ruling
After a lower court initially sided with Mr. Blanchflower, the New Hampshire Supreme CourtNew Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
ruled in favor of Mrs. Blanchflower and Ms. Mayer, concluding that adultery must involve sexual intercourse under New Hampshire law. In the 3-2 ruling, the majority determined that sexual relations between two female people cannot constitute sexual intercourse and, therefore, the affair was not adultery. The dissenters objected to the majority’s use of the 1961 edition of Webster's Third New International Dictionary as support for their definition of sexual intercourse as between a man and a woman.