Relax! It's OK...you're in Colorado!

In most states, adultery is one of the great examples of how something can be wrong and destructive without being illegal, a useful concept to have in mind when a corrupt politician or a crooked corporate executive  says “I didn’t break any laws!” It is also a good example of unethical conduct that is better controlled by ethics than law. A law against adultery is theoretically defensible as a deterrent of harmful social conduct, and the state definitely has an interest in preserving family stability. The problem is that regulating offenses triggered by love, lust and romance feels excessively intrusive to most of us. It has overtones of the Plymouth colony. For better of worse, minimizing adultery belongs in the realm of ethics, not the criminal law. Continue reading →