Morrison+v.+Morrison

//PEI Supreme Court (1972)//
 * __Morrison v. Morrison__**

Husband is petitioning for a divorce from wife on the ground that wife engaged in a homosexual act with another woman. Wife admits to relationship with other woman. Should divorce be granted? Yes, divorce granted. s. 3 of Divorce Act (since repealed) reads: “3. Subject to section 5, a petition for divorce may be presented to a court by a husband or wife, on the ground that the respondent since the celebration of the marriage… (b) has been guilty of sodomy, bestiality or rape, or has engaged in **a homosexual act**.” The acts in 3(b) are not well defined by the legislature. Thus, “this places the burden of deciding the particular kinds of sexual behaviour which are included within the scope of the statutory provisions upon the courts. The courts have not been too happy with this assignment.” The judge refers to doctrine which explains that “mutual masturbation, clitoral and vaginal stimulation, and cunnilingus are the usual techniques of the female homosexual.” The wife’s behaviour satisfies these criteria.
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