That'll fly about as far as the Texas Sodomy law...
Not necessarily. Adultery violates an existing contract commitment, so the state should be able to enforce it even if it could not, under Lawrence v. Texas, enforce a statute against homosexual sodomy where adultery was not an issue. Anyway, even if I am wrong, it would take more time to prove me wrong in court than to Gov. Bush to act. So your point, while technically interesting, wouldn't be an issue where time is of the essence.