Blanchflower v. Blanchflower

David Blanchflower v. Sian Blanchflower
Seal of New Hampshire
Argued July 16, 2003
Decided November 7, 2003
Full case nameIn the matter of David G. Blanchflower and Sian E. Blanchflower
Citation(s)834 A.2d 1010
Holding
Adultery is defined as the "voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband." Sexual intercourse is defined as "sexual connection esp. between humans: Coitus, Copulation." Coitus is defined to require "insertion of the penis in the vagina". Adultery within the meaning of the statute designating adultery as a cause for divorce does not include homosexual sexual relationships
Court membership
Chief JusticeDavid Brock
Associate JusticesJoseph Nadeau
Linda Dalianis
James Duggan
John Broderick
Case opinions
MajorityNadeau, joined by Duggan, Dalianis
DissentBrock , joined by Broderick
Laws applied
New Hampshire Revised Statutes Annotated 458:7, II
Overruled by
In the Matter of Molly Blaisdell and Robert Blaisdell, No. 2020-0211 (2021), "to the extent that it limits the definition of 'adultery,' as that term is used in RSA 458:7, II, to sexual intercourse between persons of the opposite sex."

Blanchflower v. Blanchflower, 150 N.H. 226 (2003), is a landmark decision by the New Hampshire Supreme Court which ruled that sexual relations between two females, one of whom is married, does not constitute adultery because it is not technically sexual intercourse.[1]

  1. ^ "New Hampshire high court says lesbian sex not adultery". The Advocate. November 12, 2003. Retrieved August 9, 2013.