Former U.S. Senator Kyrsten Sinema is contesting a lawsuit filed by Heather Ammel, the wife of her former security guard and admitted lover, Matthew Ammel. The suit, brought in North Carolina, alleges the tort of alienation of affection, a legal claim that allows a spouse to sue a third party for damaging their marriage.
Sinema, who represented Arizona as a Democrat and later an Independent, has acknowledged the affair with Matthew Ammel. Her legal team is seeking to dismiss the case, raising jurisdictional questions. The defense argues that since the alleged romantic encounters did not occur within North Carolina, its courts may not have jurisdiction.
Alienation of Affection Law
The tort of alienation of affection is a civil action that permits a spouse to sue another person for engaging in a relationship with their husband or wife, thereby causing the loss of affection and the breakdown of the marriage. Historically, these cases involved claims of enticement, where a third party would persuade a spouse to leave their partner, or seduction, which involved an adulterous relationship. The legal basis for such suits dates back centuries, with early cases viewing a spouse as having an exclusive right to their partner's service and affection.
This type of lawsuit, often referred to as a "heart balm" action, has been abolished in 42 states, largely due to evolving social norms and concerns about potential abuse. However, six states—Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah—still recognize alienation of affection claims.
Critics argue that the tort is rooted in outdated concepts of marriage, potentially viewing spouses as property, and raises constitutional questions regarding liability for consensual sexual relationships. Some courts have found these actions to be outmoded, prone to extortion, and difficult to compensate fairly.
Sinema's Defense and Admissions
Court filings indicate that Sinema confirmed engaging in sexual encounters with Matthew Ammel in various locations, including California, New York City, Washington D.C., Arizona, and Colorado. Sinema testified to sexual activity occurring at an Airbnb in Napa, California, during a friend's wedding in New York City, and at her Washington D.C. apartment. These admissions form a core part of the legal proceedings.
Hedging on the jurisdictional argument, Sinema's counsel is also challenging the claim itself. The plaintiff, Heather Ammel, reportedly discovered the affair after her husband returned home intoxicated and she found a message from Sinema on his phone. She has since alleged that Sinema acted as an "insidious" woman willing to break up a family.
The Ammels separated on November 1, 2024, and subsequently divorced in March 2026. An evidentiary hearing in the alienation of affection case is scheduled for August 19.
Legal Precedent and Future Challenges
While the Supreme Court has addressed issues related to marriage and consensual sexual relationships, it has not directly ruled on the constitutionality of alienation of affection torts. These laws differ from criminal statutes by focusing on the harm caused to the plaintiff spouse rather than punishing consensual acts between the third party and the unfaithful spouse.
The ongoing legal challenge involving Sinema could serve as a significant test for the continued viability of alienation of affection laws in modern jurisprudence. The outcome may hinge on whether contemporary courts still consider such claims valid or if they will be deemed unconstitutional or obsolete.
Jonathan Turley, a professor of public interest law, notes that while morality laws and criminalization of consensual sex have faced constitutional challenges, alienation torts present a distinct legal question focusing on civil harm to a third party. He suggests that the legacy of Sinema's senatorial career might, ironically, be tied to this case, which questions the applicability of such centuries-old laws in the present day.