The law is a straw man? Huh. So you don't believe that judges are supposed to enforce the law as it is written? Instead you'd like them to interpret what they think it should mean? Or rather, what you think it should mean? I'm sorry, but I don't consider adherence to the legal code to be a 'strawman.'
In Texas there is no law against adultery at all, though it can be used as grounds for divorce, while in New Hampshire it is a misdemeanor. Maybe if you are so concerned about legislating morality you should get your home state to catch up with New Hampshire which is far ahead of you in this regard.