DADI.org

CONCORD, N.H. -- If a married woman has sex with another woman, is that adultery? The New Hampshire Supreme Court says no.

The court was asked to review a divorce case in which a husband accused his wife of adultery after she had a sexual relationship with another woman. Any finding that one spouse is at fault in the break-up of a marriage can change how the court divides the couple's property.

Robin Mayer, of Brownsville, Vt., was named in the divorce proceedings of a Hanover couple. She appealed the case to the Supreme Court, arguing that gay sex doesn't qualify as adultery under the state's divorce law.

In a 3-2 ruling Friday, the court agreed.

The majority determined that the definition of adultery requires sexual intercourse. The judges who disagreed said adultery should be defined more broadly to include other extramarital sexual activity.