KOCH'S RELATIONSHIP
The search for the larger lesson
State Sen. Amy Koch, according to the Star Tribune, "insists that she has broken no laws." But she may have broken several.
Minnesota statute 609.36 states: "When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both."
If either of the cuckold spouses complains, the offending parties are to be prosecuted.
Minnesota statute 609.43, which relates to misconduct of public officers or employees, includes a clause subjecting the misbehaving individual to fine or imprisonment when she or he "does an act knowing it is in excess of lawful authority or is forbidden by law."
Finally, the Minnesota Senate rules include the statement that "members shall adhere to the highest standard of ethical conduct as embodied in the Minnesota Constitution, state law, and these rules." Breaking an express law, even if not prosecuted, is certainly in violation of the that rule.
Statute 609.36 is misguided and arcane. Minnesota DFL members have tried to overturn it. But it is the law.
Most sensible Minnesotans recognize that intimate relationships are complex.
However, it takes massive restraint not to gloat about this situation, given Koch's leadership role in a party that has created a false mythology about the "breakdown of the family" (families have always varied tremendously) and, most notably, is pursuing the revolting ambition to make discrimination constitutional via the so-called marriage amendment.