Flutterby™! : It's not adultery if...

New Hampshire Supreme Court considering whether two people of the same sex can be said to have comitted adultery.

The justices heard oral arguments in an appeal brought by a gay woman from Brownsville who is accused of adultery in the pending divorce action of a Hanover couple.

"My position is New Hampshire has no same-sex adultery," said Robin Mayer, who represented herself in her appeal to the court. The 1791 adultery statute was meant to apply only to heterosexual intercourse, she said.

Mayer was named as the third party in the divorce proceedings of David and Sian Blanchflower after David Blanchflower accused his wife of having an "adulterous" relationship with Mayer. Both women have objected to the adultery charge on the grounds that New Hampshire law recognizes adultery only as a heterosexual act. Mayer appealed after Lebanon Family Court Justice John Peter Cyr ruled that the legal definition of adultery should encompass same-gender sexual relations.