Former U.S. Sen. Kyrsten Sinema is continuing to challenge the lawsuit brought by the wife of her former security guard and lover, Matthew Ammel. Sinema has admitted to having an affair with Ammel while she was the Democratic senator from Arizona. Heather Ammel’s lawsuit alleges the tort of alienation of affection, an action many may find outdated in our more open or indulgent culture. I start teaching my torts class this week, and the alienation tort remains a controversy at the intersection of tort and constitutional law.
There was a time when most states had morality crimes that punished adultery or homosexuality. They have been largely scrubbed from our books due to constitutional challenges and changing social mores. However, a spouse can still sue civilly over a third party ruining a marriage through adultery.
Such “heart balm” actions go back to the earliest days of tort liability. However, the tort has been abolished in 42 states, leaving Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah as the exceptions.
Early tort cases spoke of two violative acts: enticement and seduction. The tort of enticement “involved assisting or inducing a wife to leave her husband by means of fraud, violence, or persuasion.” Seduction was more straightforward and only required “an adulterous relationship between the plaintiff’s spouse and the defendant.”‘
Critics have long charged that this tort is based in early concepts of the wife being the property of the husband and that there are lingering constitutional questions over holding individuals liable for consensual sexual relationships.
That proprietary element echoes in some of the earliest English cases, such as Winsmore v. Greenback (1745). In that case, a man was sued for “maliciously and wickedly intending to injure the plaintiff … and to alienate the affection of the wife from the plaintiff.” The Court found that the paramour had “persuaded procured and enticed the said wife” and thereby denied the husband of his “exclusive and legally enforceable right to his wife’s service.” Winsmore v. Greenbank, Willes 577. 125 Eng. Repts. 1330 (1745)); see also Michele Crissman, Alienation of Affection: An Ancient Tort – But Still Alive in South Dakota, 48 S.D. L. Rev. 518, 519 (2003); Jamie Heard, The National Trend of Abolishing Actions for the Alienation of a Spouse’s Affection and Mississippi’s Refusal to Follow Suit, 28 Miss. C. L. Rev. 313 (2008-2009).
State courts have found the action to be outmoded and abused:
“The public ha[s] come to look upon ‘heart balm’ suits as devices for extracting large sums of money without proper justification. They [a]re a fruitful source of coercion, extortion and blackmail. Manufactured suits, with their always present threat of publicity, [a]re often used to force a settlement . . . [T]here is good reason to believe that even genuine actions [a]re ‘brought more frequently than not, with purely mercenary or vindictive motives; that it is impossible to compensate for such damage with what has derisively been called ‘heart balm’ . . . and that no preventative purpose is served, since such torts seldom are committed with deliberate plan.'”
Magierowski v. Buckley, 121 A.2d 749, 756 (N.J. Super. 1956).
North Carolina is one of the holdouts. Sinema’s counsel moved the case to federal court and then sought to dismiss it on the jurisdictional grounds that none of the sex occurred in North Carolina.
In depositions, Sinema confirmed sexual encounters beginning in California at the home of her friends Penny and Grant Croissant: “We were staying at an Airbnb in Napa, California. We were outside. Matt kissed me. We went inside and had sex.”
She also detailed having sex with Ammel at the wedding of CNN anchor Jessica Dean in New York City as well as at her Washington, D.C. apartment, in Arizona, and in Colorado.
The jurisdictional question is whether the denial of sex in North Carolina means that the courts there lack jurisdiction, as opposed to the claim that the shattered marriage (and injury) still rests in North Carolina.
The parties do not contest the underlying violation of the marriage. The case is rife with photos, including one sent by Sinema of herself in a towel, and such messages as “Putting my hand on your heart. I’ll see you soon. I miss you.”
The wife eventually uncovered the affair after Ammel allegedly came home intoxicated and she found a message on his phone from Sinema reading “I hope your day was okay. Thinking of you. I am with you. I keep waking up during my sleep and reaching over for your arms to hold me.”
Heather Ammel would write to her husband to encourage him to break off the affair, calling Sinema “insidious” and “a woman who is willing to break up a family.”
After separating on November 1, 2024, the couple divorced in March 2026. An evidentiary hearing is scheduled for Aug. 19th.
While the Supreme Court struck down the criminalization of same sex marriage in Obergefell v. Hodges and consensual sex between adults is viewed as protected, it has never found alienation torts to be unconstitutional.
The tort liability presents a novel and different question. Unlike the criminalization of consensual sexual relationships, this tort addresses the harm of conduct to a third person. Heather Ammel had a marriage contract and relied on it as the foundation for her home and family with multiple children.
Many today would argue that her husband and his deceit caused the harm, not the third party. If a spouse violates their solemn oath of matrimony, the loss of affection was likely due to a breakdown in the marriage, not the third party. The action still has a proprietary element: the “other man” or “other woman” poached a partner who legally belongs to you.
However, the question is whether such “heart balm” injuries remain within the right of states to recognize and allow citizens to recover for. It is technically not a punishment for adultery with the other person but alienation or harm to the spouse.
Ironically, the case, and any challenges, could represent one of the most lasting legacies from Sinema’s career. The question is not whether her actions were “wicked and malicious” under the common law, but whether you can be sued today for such conduct.
Other torts have changed in light of evolving social values, such as defamation actions that were once based on statements that a woman is “unchaste.”
While courts have struck down or eliminated morality laws on constitutional grounds, alienation of affection remains a lingering morality tort with strong religious underpinnings. In Proverbs 11:18, the Bible states, “The wicked man does deceptive work, but righteousness brings a sure reward.” The question is whether a “righteous” litigant can still recover for the “wickedness” of others.
Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.” He teaches torts and constitutional law at George Washington University.
#. The dems say, we aren’t going back. They’re right. We’ll not ever see earth again.
At least Mr. Ammel had an affair with a woman. 😏.
Condolences.
NC has alienation law so Ammel should prevail. Take it to the stellar SCOTUS. This SCOTUS gave us Hasan Piker as a birthright and natural born citizen should ye forget. 😏 What would Allah say?
We aren’t going back.
At least Sen Sinema had an affair with a man. 🙂
What is a man?
A man is a choice made by an animal. Not all animals are men. Not all men are animals. Some men are men.
My comments used to be so much more insightful, but at this point, daily – these people are insane. They care only about power, and like their aristocratic forebears – they are not well nor are they well adjusted. We kicked them to the curb hard 250 years ago, and I hope we don’t have to do it again.
Say goodbye to the Abraham Lincoln; it’s quitting with its mission unfinished.
Now the George Washington, the Founder of America, is going out to replace the Abraham Lincoln, the Destroyer of America.
What is the meaning of all this havoc?
Does this foretell the redemption and reemergence of a strong and patriotic America and the reimplementation of full American constitutional freedom?
The female of the species is more deadly than the male.
I am struck by Ms Ammel’s charge, “Heather Ammel had a marriage contract and relied on it as the foundation for her home and family with multiple children.” This very much aligns with what evolutionary psychologists have long identified as a woman’s need, in part, that is satisfied by marriage: reliable investment and paternal commitment. In contrast, marriage from a man’s perspective is, in part, about exclusive sexual access and certainty of paternity. Given that this need can be traced to long standing evolutionary drives, we can be sure that this law suit, however it turns out, will not be the last of its type.
My wife cheated on me with a banana.
I lost my case against her, so I exercised my right to appeal.
The banana was probably more virile and maintained an erection longer. Even when over-ripe…
Stranded In The Jungle
I’m surprised so little has been said about the power of guilt as a major reason why marriages remain unbroken.
It wasn’t mentioned in Turley’s article, but maybe the security guard’s spouse turned off the sexual-spigot. Nobody signs up for a celibate marriage. Doesn’t work well for Catholic priests either!
In a tort case would this be a mitigating circumstance?
Wouldn’t this be like Melania suing Stormy Daniels?
Not really.
Melania would be grateful for being handed the grounds for divorce on a silver platter.
No, like a Chinese birth mom, Trump went immediately back home when the deed was done
Are we talking about America or Afghanistan? Should women start wearing burkas?
Trump is urging Congress to make Daylight Savings Time permanent. That’s wrong–the opposite should happen. Standard Time should be made permanent, because it matches up with our biological clock and is therefore healthier. It’s also safer for kids, who were getting killed in car accidents in the dark whenever daylight savings time was tried in the winter. The main reason Daylight Savings Time exists is so that retail stores can make more money, because there is more daylight for people to go shopping after work. The businesses that benefit the most from Daylight Savings Time are golf courses, because it allows enough light for people to play golf after work. Trump owns 11 golf courses in the US and more overseas, so he could have a conflict of interest on this issue.
Yes, Trump owns 11 golf courses and ‘his’ interests come first. Meanwhile the rest of us can wake up in the dark all winter.
“The opposite should happen. Standard Time should be made permanent”
Your comment reflects ignorance, abject stupidity (and probably terminal TDS). The only important advantage will come from not resetting clocks twice every year. Otherwise it matters not at all which standard is chosen, or even if an entirely new one is created. The schedules that rely on time can be changed to suit; that is going to need to happen to some extent anyway.
Even though I agree with the law and facts as set forth by Turley, who cares about any of this? It wouldn’t be worth Turley’s time but for the fact that Sinema was a Democrat–but she isn’t even in office any more. And, what about all of the Republicans currently in office, or seeking office, who are doing the same thing or worse–like Ken Paxton, for example? (see infra). It’s all a diversion from the current crises affecting our country. And, to the extent that marriage is a contract, Sinema was not a party to the contract in this case. The husband was a contracting party, but no one can “entice away” anyone’s spouse without the spouse’s consent. Heart balm statutes are archaic and should be struck down for the simple reason that no one has property rights to anyone else’s affections. Turley didn’t mention it, but among archaic heart balm laws was the tort of “seduction” in which a father had a cause of action against a man if the man had sexual relations with his daughter because the man had “debauched” her virginity that was, somehow, a property right of the father.
As to Texas Senate candidate Paxton, the following are current scandals:
-2008: Paxton failed to disclose his financial interest in a company that got state contracts;
-2013: Paxton stole a $1,000 Montblac pen from a security bin at a courthouse that the owner had inadvertently left there. Paxton returned the pen after he got caught on security cameras pocketing the pen.
-2015: Paxton encouraged investors to invest in Servergy, without disclosing that he would receive a commission from such investments. He paid $271,000 in restitution.
-2020: Paxton was reported to the FBI for misusing his office to assist wealthy campaign donor Nate Paul. The case got punted to federal court where Trump’s DOJ declined to continue the prosecution. Gee, I wonder why?
-2020: Paxton was sued for firing whistleblowers in his office.
-2022: Paxton sued Georgia, Pennsylvania, Michigan and Wisconsin alleging discredited and baseless 2020 election fraud claims.
-2023: Articles of impeachment were filed against Paxton. The Texas House voted to impeach, but the Texas Senate refused to do so.
-2025: Paxton was caught claiming at least 3 properties he owned as his “primary residence” to get more favorable mortgage rates and property tax.
-2025: State Senator Angela Paxton, Ken Paxton’s wife, filed for divorce on “biblical grounds” after discovering her husband’s infidelity; Paxton got the aforementioned Nate Paul to move his mistress closer to his office.
-2026: Paxton filed a flurry of lawsuits against: a legal defense fund for immigrants, a Muslim civil rights group, an anti-fascist group, and is conducting investigations into Austin schools over student protests.
To the extent that any politician’s infidelities are relevant right now, that politician is Paxton–not Kristin Sinema. That Paxton could even have a chance to become a United States Senator in Bible-thumping Texas is literally shocking. But, since Trump, there is little left to be shocked about when it comes to scandals.
Turley teaches Torts. Here is a high profile case of an all-but-obsolete tort. It raises interesting policy and jurisdictional issues.
Which Ken Paxton situation is in any way comparable?
Im sure all these scandals are true. Paxton is a undesirable person. His opponent however is a danger to the republic. Texans have a choice between a reprehensible individual and a person who hates what the US is and wants to turn it into a “Socialist Paradise’.
Is that the MAGA spin when you can’t write off so many scandals? Paxton is immoral, but Talarico is dangerous? Texans don’t seem to be listening, I’m sure the oligarchs will spend billions trying to spread that message. At the end of the day, it’s still a MAGA lie.
Poor Billy Clinton, would this “Alienation of Affection” inflicted by Hillary Clinton by running around with James Comey behind his back and forcing him to find refuge on Jeffery Epstein’s island apply for suit?
“Heather Ammel’s lawsuit alleges the tort of alienation of affection, an action many may find outdated in our more open or indulgent culture.”
– Professor Turley
_____________________
“Actions” actually do change, don’t they?
Talk about being “outdated in our more open or indulgent culture.”
What did the Romans do for entertainment for 350+ years?
_________________________________________________________________
AI Overview
“People were routinely killed for public entertainment in the Colosseum. While modern media often portrays the stadium as an exclusive venue for gladiator duels, it actually served as a highly organized, full-day theater of state-sponsored execution and violence. Historians estimate that between 400,000 and 500,000 people perished inside the arena over its 350-plus years of active use.”
I remember when if you caught another man in bed with your wife, you could kill them both and walk as a crime of passion.
You can kill you insurance carrier if you hurt your back, just ask Luigi Mangione.
The four conspirators in the Lincoln assassination were dead in three months.
#. At first blush Betty Broderick and OJ Simpson come to mind as well as the archetypal Medea and Othello.
Synema didn’t have a contract with Mrs. Ammal. A scarlet letter might be appropriate and what’s the reason Synema is talking about this openly?
Mr. Ammal was waiting for a better offer to come along, Mrs. Ammal, and Synema was probably not the first. Mrs. Ammal had the option to forgive him and maintain her marriage presumably? No contest divorce most likely cut back on the murder rate?
Synema has always been a character without shame. It’s not surprising. As women and men comingle in today’s workforce women have decided to become men always waiting for a better offer to come along.
We’re all going to hell anyway.
/s
This is an action in Torts, not Contracts. If you slip on hamburger grease and fall on your way to the order counter, you sue in Torts.
Ys, I’m aware. There is a contract involved, too. Perhaps Mrs Ammel alienated her husband? Ms. Synema gets 33% of responsibility? It’s a deterrent but people remain free even in marriage. Marriages are dissolvable without penalty. Synema might file a tort having suffered public exposure, reputational harm of a private matter.
What? Negligence? Mr. Ammal was already alienated or it wouldn’t have occurred to him. Mr. Ammal is the devil ready to carry off himself, his wife and children and Synema? Synema is 100% responsible for Mrs. Ammal’s broken heart? This is hell hath no 🤪 fury.
What if your Institute of Virology releases a virus that sickens and kills millions around the world and causes $200+ trillion in damages in 200 countries?
Are you responsible and liable for said damages, China?
Well, it is DOA IMHO. I would due hubby for being a POS dirtbag.
Synema should have female security only.
How remarkable for this case to present itself with a well known Democrat as defendant.
It would be interesting to see if Turley felt that any former spouse of Trump would have claim to a similar action or if such behavior is so expected of a Republican that it is not so unusual as to merit comment.
“Matthew, on the other hand, was a troubled man. After four deployments to Afghanistan and the Middle East, he left the Army in 2022. According to the complaint, he suffered from substance abuse, PTSD, and “traumatic brain injuries.””
No surprise that the DoD failed to provide sufficient medical care for a damaged soldier.
A far better analysis is at https://verdict.justia.com/2026/01/22/north-carolina-and-the-wages-of-sin, the source of the above quote.
Under what theory of marriage does it make any sense for someone not a party to it to bear any responsibility at all for infidelity? It’s not *my* job to ensure that *you* keep *your* promises.
Not my vows, not my problem.
–Shannon
That’s a policy question. Most states have chosen your position.
The ex-wife should take the L, and work hard to rearview her ex in her own emotional landscape.
Not helpful for the kids’ image of their Dad (and therefore of themselves) is the legal theory of this action –that Dad had no personal agency in the affair.
But he did, of course he did. Everybody here was a grown up, except for the actual kids.
Act like it.
Synema was a fool and she needs to shut up.
This is why I loved law school so much. Thank you.