Here's a judicial concept due for a quick update

Jon passed along a link to a Globe and Mail article on the difference between heterosexual adultery and homosexual "affairs":

The 44-year-old Vancouver resident had been married nearly 17 years when, in October of 2004, she discovered her husband was having an affair with a younger man.

She and her husband separated immediately and she filed for divorce two months later, seeking an immediate end to their union.

Canada's Divorce Act allows for a no-fault divorce after a one-year separation, on grounds of marital breakdown.

It also allows for an immediate divorce if there is admitted or proven adultery or cruelty.

Ms. Pickering's ex-husband signed an affidavit on Jan. 5, 2005, acknowledging his adulterous relationship, and did not appear in court in February to contest the divorce.

But Justice Nicole Garson of the B.C. Supreme Court declined to order the immediate divorce, because the definition of adultery in common law does not include homosexual relations.

Justice Garson may be following the strict letter of the law, but clearly isn't following the spirit of it, now that the law recognizes same-sex marriage.