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4. THE QUESTIONS
4.1. IS MARRIAGE A CONTRACT?
The Libertine position posits that marriage is a contract only, revocable at the will of either party, even if the other party is not at fault. The reason for this is that the licit nature of the sex act rests on the consent of the parties: when the consent is withdrawn, the sex is no longer licit.
As a contract, the terms exist only as what the parties signatory so agree. So, for example, if Ayn Rand wishes to have sexual liaison with Nathaniel Branden, the affair is licit (according to the Libertine position) provided only that her husband and his wife provide an informed consent. If marriage is a contract only, the provision that one’s spouse “forsake all others” is open to renegotiation. For a foursome in an open marriage, the adultery is licit.
As a contract, the terms bind only the signatories. So, to use a completely hypothetical example, if a hypothetical and imaginary character named Mark Sanford is married and his paramour Maria from Argentina is not, and she further has never signed a legally binding document promising otherwise, she is free to form a sexual liaison with him. He is in violation of his contract, but his guilt is not shared with her. For her, adultery is licit. If licit, then no one, not even Mrs. Sanford, has the right to criticize or condemn her acts, and for Mrs. Sanford to display offense at Maria from Argentina would be unjust, even petulant.
The first doubt concerning the Libertine position surfaced when these conclusions intruded itself onto my reluctant awareness. In theory, the adultery of Ayn Rand and Nathaniel Branden should have worked out to the satisfaction of all parties involved. Instead the opposite happened: Rand and Branden became bitter enemies to the end of her life.
It did not work out in that particular case, nor in any similar case that can be brought to mind. Why not?
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