Can I sue my ex-husband for disclosing our privileged marital communications?

[gator1]

I think that you are misunderstanding the consequences of violating priviledge....

If a clergy violates priviledge, the clergy loses his/her job. There are no criminal consequences

If an attorney violates priveledge, the attorney is disbarred. There are no criminal consequences

If a doctor violates priviledge, the doctors loses his/her license. There are no criminal consequences

If an ex spouse violates marital confidentiality, what consequence would you expect there to be?

This discussion is not about criminal consequences, but civil consequences.

Attorneys and doctors who violate privilege and privacy may be subject to civil actions over and above what their respective licensing boards may mete out.

 

[tranquility]

I agree with quincy. What we are discussing is at the penumbras of the current case law. It's more an intellectual discussion about using specific words than directly related to the OP.

 

[tranquility]

(As to the specific claim.)

There are other suits involved. The confines are not clear. I suspect the court would be limiting based on the strong language. It seems hard to reconcile other theories with the Supreme Court. But, litigation costs always figure into decisions and recognize a later decision discussed public benefit or the value to the public for disclosure. "Press" as well.

Ah, the ability to play the game.

 

[quincy]

In one 1983 case out of Privacy747's California, the Oakland Tribune was sued for invasion of privacy after publishing a story about a college student who had become the first woman student body president in the history of the college. The story that was published could have been a feel-good story about the accomplishments of this young woman but, instead, the Tribune located her birth certificate (a public record) that showed the college woman had been born male.

Corrections to what I wrote in Post #23: The student was born in Puerto Rico and, after her surgery, she tried but was unable to change her birth certificate to reflect the sex change. Prior to her sex change, s/he had been arrested and it was this arrest record that was discovered by the Tribune.

As an aside, I think "penumbra" is a great word.

 

[Bali Hai]

Corrections to what I wrote in Post #23: The student was born in Puerto Rico and, after her surgery,

You mean after HIS surgery don't you? He legally wasn't a female until after the surgery.

she tried but was unable to change her birth certificate to reflect the sex change. Prior to her sex change

You mean prior to HIS sex change don't you?

s/he had been arrested and it was this arrest record that was discovered by the Tribune.

That's better but still not accurate. HE was arrested.

As an aside, I think "penumbra" is a great word.

Or are we to believe that God made a mistake and put a woman in a mans body?

Interesting the outcome if this female married a man and the man divorced her because he later learned she used to be a he when the birth certificate was found. "She" would probably win that lawsuit too. This would make a good episode on Two and a Half Men.

 

[quincy]

Ah, dear. So many invasion of privacy lawsuits and I had to cite one involving a sex change.