We often get caught up in our own pain and our own feelings and think that policy and the law should respond likewise, but to do so would lead to chaos. It is for that reason that when lawmakers craft laws they should ensure that these laws are fair and just, and protect the interest of society as a whole, and not just the individual.

I sympathise with spouses everywhere for the harm caused to them by cheating spouses. Betrayed Wife has a very compelling story that would cause anyone, including Senator Falconer, to want to punish the wrong that was committed against her. However, in so doing we must keep our eye on what it is that we are seeking to punish. I ask Betrayed Wife: Is your situation any different from a wife whose husband has cheated with other women, comes home and gives her HIV or some other STI? What about the wife who has a man on the side and infects her husband with an STI?

Equal punishment

In my view, these are all equivalent harms and, if they are going to be punished, should be punished equally. As I have said, my problem is not with Senator Falconer's desire to punish homosexual or bisexual cheaters who expose their partners to harm. It is with the selective application of the proposal. Fairness would dictate that you punish men and women, heterosexual, homosexual or bisexual, when they betray the trust of a monogamous relationship and cause physical harm to their partners. That is what a just and legally sound proposal should strive for.

I am, etc.,

RICARDO SMALLING

rsmalling@sympatico.ca

Washington, DC