by Ray Newman, radio and television commentator, attorney, educator, author

Friday, February 12, 2010

A FLIGHT OF FANCY

Elizabeth Edwards may be suing Anthony Young, aide to her husband, John Edwards, and/or Rielle Hunter, her husband's admitted mistress, for compensation on the grounds of alienation of affection. Basically, she will contend that they conspired to estrange her husband from her, to her detriment. Only a handful of states permit such an absurd claim.

Unlike a lawnmower, affection is not something you own and for which you ought legally be permitted to seek redress from someone who steals it from you. It is not a piece of property. It is a piece of another person's state of mind, which is ownable only by that person...and it is not a state of affairs guaranteed to remain so, even with those contrived, protocolic promises at the wedding to love, honor, obey, serve and heaven knows what else 'till death makes it impossible to do so.

Sorry, Elizabeth, no 50 year warranties here. No guarantees as to how the future will unfold and what is in store for any of us. Affection must continually be enticed to be, and always voluntarily given. That is what makes it so meaningful and so precious.

John was free to fly the coop, as were you. Andrew and Rielle were free to induce and urge him to do so. Freedom includes the freedom to do bad, wrong, silly, stupid, as well as smart, things. We've all done a few of those. It is still and always will be the very best milieu in which to live...and to love.

My advice, which was not requested? Look to the future and leave the coop door ajar...you never know who may be gliding by.

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