And it was precisely the kind of harm that contemporary advocates of the felony's maintenance might well posit as an important part of its rationale. While the initial justification for the felony was to guard the "sanctity of marriage," People v Lipski, 328 Mich. 194, 197; 43 N.W.2d 325 (1950), the public-health consequences of extramarital sexual relations have become an increasingly well-debated issue, particularly in light of the appearance of the AIDS virus. See, e.g., Risky Pleasure, American Medical News, May 2, 1994, p 15.
Although the scope of the statute is broad, it does not include all felonies because the statute requires a specific intent. People v Lipski, 328 Mich. 194, 197; 43 N.W.2d 325 (1950); People v Lilley, 43 Mich. 521, 529; 5 N.W. 982 (1880). Because the essence of the crime of assault with intent to commit a felony is the specific intent to commit the predicate felony, we find it logically inconsistent that an attempt would satisfy the statute.
Rather, the Michigan Supreme Court has recognized that Michigan's adultery law "guards the sanctity of marriage" by "protect[ing] each nonparticipating spouse." People v. Lipski, 328 Mich. 194, 197, 43 N.W.2d 325, 326 (1950). Consequently, regardless of Sergeant Yono's particular feelings about his wife's relationship with Plaintiff in this case, and regardless of the strength of the Yonos' marriage by the time Ms. Yono began her relationship with Plaintiff, the Court fails to see how conduct that is widely viewed as subject to reproach, is contrary to the institution of marriage sanctioned by the State, and is prohibited under Michigan's penal code can be elevated to the status of constitutionally protected behavior.
Basically, the prohibitions against adultery, however defined, are designed to safeguard and protect the marriage relationship, to "guard the sanctity of marriage." People v. Lipski, 328 Mich. 194, 48 N.W.2d 325 (1950). Or, as put by the Ninth Circuit in Wadman v. Immigration and Naturalization Service, 329 F.2d 812 (1964): "[Congress] has found offensive that extramarital intercourse which tends to destroy an existing marriage; which evidences disregard of marital vows and responsibilities."