Yet the "swinging" aspect of the van Dam situation does have a greater true injustice in it. For a marriage is a Contract, and a two-party contract of a special type, and priviledged in many regards because of that specialness. It is not a contract to be trifled with, and Society, to maintain a proper and awesome regard among all for the specialness of that marriage contract, must act to enforce its most important terms, even when the two parties within it may themselves agree not to.
Now there are many that stray from that contract but the conduct of "swingers" is especially egregious and it is a major dissing of the specialness of that contract. Therefore I am for holding the van Dams and any other established and regular swingers to account in court for violation of that special contract of marriage.
Let them not take us all down into their mud, and pervert's view of marriage, for society can not abide the consequences of disregard for marriage's specialness, not for contracts in general.