As a result, an injured party may be permitted to take legal action against the individual who is responsible for the loss of affection in his/her marriage. 

When an individual believes that an outside party is responsible for the destruction of the affection that once existed in his/her marital relationship, he/she may be permitted to initiate a lawsuit against the offending party, on the groups of alienation of affection.

 There are only a few states that continue to permit lawsuits regarding alienation of affection. These states include Hawaii, New Mexico, Utah, Mississippi, Illinois, South Dakota, and North Carolina. In order for an individual to effectively establish an alienation of affection lawsuit, he/she must be able to effectively prove that the offending party knowingly and intentionally destroyed the love that once existed in his/her marriage. 

Adultery or an extramarital emotional relationship is not necessary for alienation of affection to occur. A parent can also be guilty of alienation of affection in regard to his/her spouse and child, if he/she takes steps to destroy or weaken the relationship between his/her spouse and child.

Brian Brown, the president for the National Organization of Marriage, hit a new low today by responding to the passage of a marriage quality measure in the Rhode Island state Senate by proclaiming, “it is bad enough when families dissolve through death or divorce, but it is unconscionable when a state encourages this through policies that deprive young people of the love of both a father and a mother. This is an extremely sad day for the state of Rhode Island.

Chad Griffin, the President for the Human Rights Campaign, called on Brown to issue an apology for ridiculing the two no less than two million parents who are impacted by the bill.

The Human Rights Campaign states that there is no credible scientific information that has provided any credence to arguments that children of gay parents are at any sort of disadvantage. Just as recently as last month, the non-partisan and independent American Academy of Pediatrics endorsed same-sex marriage for the sole reason that it is beneficial for kids. This well-respected group claimed that marriage, along with adoption, helps protect the child’s rights to maintain healthy relationships with both parents, along with financial security, and eligibility for health benefits. Other noteworthy groups supporting same-sex adoption include the Child Welfare League of America, the National Association of Social Workers, and the National Adoption Center.

Brown’s statement also stands in direct contradiction to those issued by David Blankenhorn, an expert witness for supporters of Proposition 8 who has since switched his stance on the issue of same sex marriage. During the highly controversial trial, Blankenhorn testified that children raised by lesbian or gay adoptive parents did just as strong, if not stonger, than children raised by their biological parents.

“I have seen a lot of inflammatory rhetoric come from the National Organization of Marriage and specifically Brown over the years, but equating loving and fit gay parents to families hit by catastrophes such as death or divorce is something very new. These statements are shocking and despicable,” said Jeremy Hooper, the publisher and founder of a prominent advocacy administration that calls out discrimination made against lesbian, gay, bisexual and transgendered individuals.

Source: The Human Rights Campaign