Tonight, I was reading a post that talked about how the Catholic Church wants abortion to be outlawed, and how things like murder are outlawed. But why not adultery? I know it has to do with privacy and such, but why not outlaw it if it is as wrong. A sin is a sin no matter what, and if I remember what I was taught in Catholic School, Adultery is a grave sin, just like abortion. I also wonder about Homosexuality. Why didn’t we keep it criminalized, and why didn’t the church campaign to keep it that way?
The short, and not very nice answer to your question about why it is not criminalized is that such a law would require the people who actually write and vote on the laws to agree to make it illegal. And I think it’s quite common knowledge that chastity is a virtue that is hard to come by among high-level politicians.
Also, the nature of enforcement for adultery vs. abortions is very different.
For abortions, you can just pass a law to stop them from happening (legally), then revoke licenses for people who perform them (which is likely to be very few, since doctors have a lot to lose and very little to gain by doing abortions in such a setting).
For adultery, you necessarily have to punish people after the fact. And adultery is
extremely prevalent in our society. Far more so than abortions. What are they going to do? Lock up half the population? Furthermore, unlike the case with abortions, where a rational choice would be made by a doctor, adultery is often (though not exclusively) performed by people who are not thinking entirely with their brains. The evidence for this is that even strong deterrents do not stop from engaging in dangerous sexual behavior.
If the risk of
death from a terrible disease is not enough to curb people’s sexual misconduct, it is unlikely that a monetary fine or even prison time is going to have much effect either. So the usefulness in such a law for reducing the amount of adultery is likely to be slim.
That said, I would still support having such a law on the books, since I think it would be useful in terms of providing the wronged spouse with an equitable settlement in the event of a divorce.
As an example, in my state, several years back, there was a case where a woman cheated on her husband and became pregnant from the affair. They divorced. When the child was born, she sued her ex-husband (the one she cheated on) for child support for the child she conceived as a result of the affair. DNA testing proved that it was
not his child, even though she had conceived it while they were still married. Nevertheless, the judge ordered that the ex-husband had to pay child support for this baby.
The judge had his reasons for that decision, but personally I feel that rulings like that fail to adequately serve justice, and if adultery was illegal, the cheating spouse would probably have less legal ground to stand on in cases like that.
But I return to my initial point. To make adultery illegal in the United States, we would need a majority of Congress to vote it as such, and how many congressmen do you think would vote themselves a ticket to prison?