Sex During Divorce – Banned in the Bay State?

At one time, Boston was the place where racy books were banned, but now the citizens of the Bay State – at least those in the midst of a divorce – may face a new prohibition: Sex between divorcing spouses may be banned in Massachusetts if proposed legislation passes the legislature.

The legislation, which was proposed last year, is now weaving its way through the legislative process, with hearings scheduled for later this month.

Bill 787 reads:  “In divorce, separation, or 209A 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 legislation targets married couples who have children and requires that the parties who stay in the home request written permission from a judge to make any romantic movements.

Bay State Republican Sen. Richard J. Ross, who is sponsoring this interesting proposal, claims he submitted it for one of his constituents, Robert Leclair, who apparently went through a messy divorce recently and is the former president of Fathers United for Equal Justice.  Leclair claims, the “goal is to protect children during the divorce process from having to deal with their parents engaging in new sexual relationships.”

Ross disagrees with his own legislation and claims it was “going nowhere in the Legislature.” In any event, the lawmakers will consider the legislation June 30.

If enacted, there are no solid guidelines for the enforcement of such a law. No one knows how sex during the divorce would be investigated, or what the penalties would be.

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