Bailey v. Faulkner

An adulterous wife has undisputedly engaged in consensual extramarital sexual activity with the couple's marriage counselor. The main opinion enforces the legislative prohibition against a cause of action for alienation of affections,5 leaving the cuckolded husband without a remedy. I agree fully, albeit reluctantly, with the main opinion.

As the main opinion points out, our Court has declined to permit creative casting of a cause of action to circumvent the prohibition against amatory torts. See D.D. v. C.L.D.,600 So.2d 219, 223 n. 5 (Ala. 1992) ("As this Court recognized in Howton v. Avery,…