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GOD’S LAW

The Missouri Supreme Court has struck down that state’s “alienation of affection” law stating that “stealing” the love of a married person is an antiquated legal doctrine. The court’s ruling agreed with a woman who had been accused of marital infidelity. The State Supreme Court struck down the law, and overturned a lower court’s $75,000 judgment against the woman, Sivi Noellsch.

Katherine Helsel sued Noellsch for allegedly having an affair with her husband, David. Helsel cited alienation of affection, and sought $75,000 in damages from Noellsch. Helsel’s husband eventually divorced his wife, and is now married to Noellsch. A lower court originally found in favor of Ms Helsel and awarded the damages.

Regarding the court’s decision, Noellsch’s attorney said, “The cause of action is gone, the claim is gone, my client can go on with her life.” In its opinion, the court wrote that alienation of affection has its roots in English common law. Judge Richard Teitelman wrote that alienation of affection is grounded in the outdated idea that married people have property interests in each other and its present-day interpretation does nothing to preserve marriage. Teitelman felt that such lawsuits were often filed after the marriage was broken, and that the primary motivation was revenge rather than reconciliation.

Ken Jones, editor of the Missouri Lawyers Weekly said, “Most lawyers would have predicted this. It really brings Missouri into the 21st century.” Eight other states still have alienation of affection laws on the books.

—www.newsday.com, Court Strikes Down ‘Stealing Love’ Law, by Robert Sandler, June 18, 2003. Illustration by Jim L. Wilson and Jim Sandell.

Though The Missouri Supreme says the law was antiquated, they missed that fact that there is a higher law than theirs. The Apostle Paul wrote, “The wife’s body does not belong to her alone but also to her husband. In the same way, the husband’s body does not belong to him alone but also to his wife.” (1 Corinthians 7:4 NIV)

Exodus 20:14 NIV “You shall not commit adultery.”