Adultery Law in New York: A Century-Old Ban Under Scrutiny
For over a century, adultery has been a criminal offense in New York. However, a bill progressing through the state’s legislature now aims to legalize it, potentially ending a rarely enforced law punishable by up to three months in jail.
Origins and Purpose of Adultery Laws
Adultery prohibitions, still present in several US states, originated to discourage divorces, particularly when infidelity was the sole grounds for legal separation. Traditionally aimed at reducing marital instability, these laws have seen minimal use and are now being challenged.
New York’s Adultery Law
New York’s adultery law, in place since 1907, defines adultery as engaging in sexual intercourse outside marriage. Despite its lengthy existence, enforcement has been exceedingly rare, with only a handful of charges filed since 1972 and even fewer resulting in convictions.
Push for Repeal and Changing Perspectives
Assemblyman Charles Lavine, sponsor of the bill to repeal the ban, argued that the law is outdated and reflects an era of moral policing that no longer aligns with contemporary societal norms. He emphasized that legal authorities should not intrude into consenting adults’ private lives.
Legal scholars like Katharine B. Silbaugh suggested that adultery laws historically targeted women, reflecting patriarchal values aimed at controlling women’s behavior. Questions about the constitutionality of adultery laws have arisen, with parallels drawn to the Supreme Court’s reconsideration of sodomy laws and same-sex marriage rulings.
Repeal Efforts and Legal Landscape
New York’s repeal efforts are not unprecedented. In the 1960s, a state commission proposed eliminating the adultery law due to its impracticality. However, pushback from religious groups and concerns about endorsing infidelity led to its retention in the penal code.
While most states with adultery laws classify them as misdemeanors, some like Oklahoma, Wisconsin, and Michigan treat adultery as felonies. However, states such as Colorado and New Hampshire have moved to repeal these laws, echoing arguments for their obsolescence and potential unconstitutionality.
Implications of Recent Legal Developments
Recent Supreme Court decisions, notably on sodomy laws and abortion, have implications for adultery statutes. While the Court’s stance remains largely theoretical due to the infrequency of adultery charges, evolving interpretations of liberty and privacy rights may influence future legal challenges.
