Incredible as it sounds, the Massachusetts legislature is considering such a bill. The proposal should not be considered in a vacuum however, as it applies only in specific situations, when minor children are involved.
The proposal was designed to promote and protect the best interests of the minor children, whose parents are in the midst of a divorce.
Robert LeClair, a local Massachusetts lawmaker proposed the bill, after going through a bitter divorce himself. The specifics of the bill would be to prohibit the parent in possession of the marital home, from engaging in any type of sexual relationship with a new partner during the parties separation, and prior to the divorce proceedings concluding.
The bill would would have to be passed by the state legislature, and then approved by the governor.
The language of the bill reads as follows:
“In divorce, separation, or 209A( restraining order)proceedings involving children and a marital home, the party remaining in the home shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved, unless the express permission is granted by the courts,”
The law, if passed, would raise some interesting questions about obtaining the necessary evidence to prove a violation of the law. Since children are generally not allowed to testify in court, absentee spouses will need to become quite creative in order to prove their case. This bill will most certainly keep the private detectives in Massachusetts quite busy.
Source: The Huffington Post, “Massachusetts Bill Could Ban Sex During Marriage“, Emily Thomas, March 24, 2014