In re Blanchflower

BROCK, C.J., and Broderick, J.,

dissenting. We agree with the majority that this appeal is “not about the status of homosexual relationships in our society or the formal recognition of homosexual unions.” These issues are not remotely before us. We respectfully dissent because we believe that the majority’s narrow construction of the word “adultery” contravenes the legislature’s intended purpose in sanctioning fault-based divorce for the protection of the injured spouse. See Appeal of Mikell, 145 N.H. 435, 439-40 (2000).

To strictly adhere to the primary definition of adultery in the 1961…