Michigan: Adultery Punishable By Life Behind Bars

A reader did something today I wish more of you would do. She sent me a news story that had her, I guess, fuming. Her thoughts? “This is un-fucking-believable, really.”
Colour us simpatico, then, because my sentiments at first glance were, “Holy MOTHERFUCKER.”
If you’re one of the number who calls America “the Land of the Free”, it’s time you check your thoughts, pal, because it seems to me to be “the Land of the Paradox”, and that’s putting it lightly at best.
The gist of this story is simple: Cheat on your spouse, and face 1st degree criminal sexual conduct.
I wanna know why the Court of Appeals is allowed to smoke high-grade doobage when no one else is.
Look, I’ve been cheated on. My longest lover ever was sleeping with someone before we split, and after we split, he was married within nine months. Do the math.
Did I hate him? You’re fucking right I did. In some ways, I suspect I still do. I’d certainly never trust him again, as a lover, as a friend, as anything. Would I wish he’d be imprisoned for what he did to me?
HELL NO.
He fucked up. I know it, he knew it. That’s the way the game goes. I took the chance of following my heart, but it seems my compass needle broke long before I got out that door.
We’re talking about passion, matters of the heart, all that. I don’t believe in infidelity. If you’re unfaithful, you deserve getting your ass kicked to the curb. If you aren’t kicked to the curb, there’s your hard proof that your lover’s nth degrees better than you are—they’re giving you an invaluable second chance. Don’t fuck it up.
But JAIL? Criminal prosecution? All because you followed the tick-tock of your heart in one weaker-than moment?
And this is from the nation that claims it’s the GOLD standard of “freedom”? Yeah. Right.
I’ve never been unfaithful. God willing, I never will be. I honestly don’t believe I have it in me to hurt someone like that. But I’d never stake my life on it. I’m a passionate person. I’m impetuous. I’m the very definition of spontaneous. And I’m human. I err. It’s what we do. We make mistakes, then we pick up the pieces and struggle to carry on. I’d be a liar or a fool to claim it’ll never happen to me. I just don’t know what kind of sparks I’m destined for, in a relationship or out. None of us can know that. We’re human. We’ve all erred.
But we sure as fuck don’t need to round up a lawyer for fear that the law is going to stick our asses behind bars ‘cos we didn’t know how many martinis were one too many on a quiet night in a piano bar with one too many beautiful, lonely companions.
Unless, of course, you’re a member of the Appeals Court of Michigan, where, apparently, creativity and the ability to read between the lines is a rarely-seen quality in the legal minds of the day.
Fuck, man. I don’t even need to argue this. Unless, of course, you’re some holier-than-thou religious type who’s never taken liberties or fucked up on a lonely night when the thought of being not-alone was far easier to bear than the reality of being just that.
The Land of the Free. Let’s amend that. How about “The Land of the Mostly Free, Provided You Follow Every Law And Every Legal Sub-section Therein”?
Nah. Not too catchy, now, is it?
Get fucking real, Michigan. I can only hope, and pray, and dream, that the High Courts in that State can get a grip.
Like I say, I think adultery deserves a royal ass-kicking. But by the maligned Significant Other, not some fucking holier-than-thou court appointee. There should be no legal basis to decide these matters, at least not to this degree.
Here in Canada, Pierre Elliott Trudeau, our infamously rebellious prime minister at the time, declared in 1969 that the government had no business in the bedrooms of consenting Canadians. Yet here we are, nearly four decade later, and the American jurisprudence still seems to think it omnipotent in all matters of American life. When is someone going to clue them in, anyhow?
This erosion-of-freedoms thing is clearly getting worse before it gets better. And you, my fair American friends, where the fuck are YOUR voices? These are your voted representatives, and yet your indignation is nothing but a muffled whine in the corner. Speak, or forever hold your piece. After all, this is clearly the bed you have made for yourselves. Or is it? You still have time to be heard, I would think. There’s one more circuit of judges for this case, if only you would deem it necessary.
After all, take it from me, a fiercely proud Canadian: Sometimes, the most American thing you can do, is to question the powers that be.
After all, we Canadians learned it from the very best. But sometimes we Canadians have a very pressing question: Where, exactly, are “the best” now?
Well?

9 thoughts on “Michigan: Adultery Punishable By Life Behind Bars

  1. Beth

    Hey, Steff:
    Unless you’re getting all David Lynch on me, the last part of this post has nothing to do with the first. Did you accidentally cut and paste something?
    B

  2. grrl_05

    thanks steff, i’m proudly canadian, and i had to bring this to your attention anyway (i have Stroumboulopoulos to thank for that one)……..thank God for Pierre Elliott Trudeau.

    i just wish that the people of michigan, along with the rest of the US, will fight this anachronistic view of our modern world.

    a

  3. Kirsten

    Thats just crazy…
    And what’s to stop a wife who’s sick of her marriage for whatever reason to hire some sweet young thing to ‘seduce’ her husband, and then have him thrown in jail for it?

  4. scribe called steff

    Beth– Yeah, somethin’ fucked up. Thanks!

    Grrl– Well, I’ve probably gone overboard, as I’m often liable to do with such issues, but yeah, I just don’t get the whole land of the free/cheat-and-go-to-jail dichotomy. It doesn’t compute. I think I was harsh, though, and will probably lose a few readers in the process. Such is life.

    Kirstn– Yeah, and you never know what the other side of the coin is, either. If they willingly cheated, what’s the story behind it? To go and make a law against it fucking baffles me. They claim it’s the only interpretation the state laws leaves available, but I doubt that very much. They’re just being literalists. And I hate literalists. Words can be construed a million different ways. It’s the readers who fall victim to tunnel vision, not the writers. I’m sure the same could be said of laws.

  5. Fusion

    Makes you wonder whats next…

    Hmmmm

    People living in addresses with odd numbers can fuck on mondays, wendesdays, and fridays. Even numbers on tuesdays, thursdays, and saturdays.

    Nobody fucks on sunday.

    I’m moving to Canada (hey i’m only 90 miles away…not much of a move!)

  6. figleaf

    Note: Googling around in the legal community it looks like the appeals court was sticking their thumb in the State Supreme Court’s eye. (The state Supremes had recently directed all courts to slavishly stick to the dictates of the legislature. In other words it looks like one of those “fly by the book” job actions airline pilots do instead of going out on strike.)

    Anyway, without knowing much about Michigan politics, it sounds like a lot of reporters are asking whether Michigan will now charge the State Attorney General with a felony for (allegedly) some sort of an affair in his past.

    Kristen: since roughly equal numbers of married men and women have affairs the axe you describe would swing both ways. That, plus encouraging someone, let alone hiring them, to commit a felony (even one as dumb as adultery) would be aiding and abetting and probably conspiracy to commit as well. Depending on local law, those charges could carry higher penalties than the nominal offense.

    Also, hmm. Evidently convicted of “homosexuality” back in the 1950s and 1960s evidently fall under California’s Sex Offender Registry laws and thus are supposed to notify the police any time they change residences. (!!!) Presumably anyone convicted under Michigan’s adultery statues would become sex offenders as well.

    Weird world.

    figleaf

  7. Kirsten

    Figleaf – Yeah I wasn’t trying to say that only the man would cheat you’re certainly right about the axe swinging both ways, I just decided to use a man cheating as an example because it was easier to write that way. I didn’t mean to imply that only men would cheat, and in the example I described I think the woman is just as much (or even more!) in the wrong than her husband.

  8. Anonymous

    There is no way that such a law would ever stand. Who’d go for it? Too many suburban homes are filled with skeletons.

  9. stella del mare

    As a Michigan native, I lament a lot of the laws we’ve recently passed. This, the gay marriage ban (which effectively shuts the door on domestic partner benefits in the state as well), and the recent anti-affirmative action vote that was put into action despite the Supreme Court holding up (some of) my alma mater’s admissions policies. At least all their senators are still liberal and they reelected Jenny from the ‘Da as governor. But other than that, I haven’t much liked the way things have been looking out there.

    Don’t get me wrong; I’m not all for spousal cheating and I think it should be a factor when a couple gets divorced, but criminal charges? That’s fucking ludicrous.

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