Watch out, motel owners

Social conservative Maggie Gallagher, with whose views we have been known to differ, suggests a tort of “facilitating” adultery that would apply to businesses that “that intentionally and explicitly attempt to profit from acts of adultery”. [NRO “Corner”, first, second posts]

P.S. Eugene Volokh now has a more lengthy and serious treatment: “you can love marriage and hate adultery without thinking that more tort liability will make things better.”


  • This sounds like a job for Jack Thompson. Most hotels have video game features on their TV’s, right? Perfect storm.

  • Do you mean that people who go to a motel for a little harmless fornication might wind up playing video games? Horrors!


  • To Gallagher’s credit (and I say that with extreme sarcasm) she has been spending so much time trying to explain why gay people marrying is causing the breakdown of my marriage to my wife it is nice to finally see her turn her attention to something that actually affects straight marriage. Now, if only she would figure out that helping people sue each other is rarely a positive thing.

  • Damn it, I thought you libertarians prescribed tort actions for everything! What do you want us social conservatives to do, start regulating motels?!