Saturday

DISCLAIMER: I don't actually believe anyone deserves to be run over by a heavy German car on purpose, but....

I feel very sorry for Clara Harris, the Texas woman accused of killing her husband by hitting him with her car after she found him at a hotel with his mistress. The guy sounds like the cruelest jerk imaginable.

I also agree with iFeminist writer Wendy McElroy who says that, at the very least, adultery should be considered a breach of contract in divorce proceedings and held against the cheating spouse in settlement negotiations. And I'd love to see Alienation of Affection cases become more common.

If you have ever seen a family torn to shreds by infidelity - and unfortunately I have, up close and personal - you will no longer doubt that an adult who knowingly contributes to this most painful of marital breakdowns is, in fact, engaging in tortious conduct. After all, we already recognize the marital relationship as having value (loss of consortium) under common law.

Some equity feminists have this one all wrong when they assume that adultery is only a matter of sex between two consenting adults. In fact, each marriage constitutes a unique collection of social, practical parental, financial, and yes, emotional ties. If the marriage breaks down, children suffer, money is lost, and divorcing spouses experience extreme upheaval as they are forced to re-orient virtually every detail of their lives. In other words, marriage is a contract with enormous fallout if it is breached. Just as with other torts of interference, alienation of affection recognizes the cost of divorce and holds the meddling third party accountable.