In Albany, New York, the longstanding criminalization of adultery, a law that has been in place for over a century, might soon become a relic of the past. A new bill making its way through the New York Legislature aims to decriminalize this act, which currently could result in up to three months of incarceration. This move reflects a broader trend across several states in the U.S., where adultery laws remain on the books but are seldom enforced, with actual convictions being even more uncommon.
Historically, these laws were introduced to curb the divorce rates, at a time when proving a spouse’s infidelity was the only grounds for a legal separation. Since its inception in 1907, adultery in New York, defined as engaging in sexual intercourse with someone other than one’s spouse, has led to a mere handful of charges and even fewer convictions. The most recent case, filed in 2010, was eventually dismissed as part of a plea agreement.
Assemblyman Charles Lavine, the proponent of the bill to repeal the ban, argues that it’s time to discard this outdated law. He points out the absurdity of the state delving into the private matters of consenting adults, emphasizing that societal views on intimate relationships have evolved significantly. Lavine criticizes the law as an outdated expression of moral indignation.
Katharine B. Silbaugh, a law professor and co-author of “A Guide to America’s Sex Laws,” highlights that adultery bans historically served as punitive measures disproportionately targeting women, aiming to dissuade extramarital affairs that could cast doubt on a child’s paternity. She succinctly attributes such legislation to patriarchal motives.
The bill to repeal New York’s adultery ban has successfully passed the Assembly and is anticipated to clear the Senate shortly, before proceeding to the governor’s desk for approval. This initiative is not without precedent; attempts to abolish the law date back to the 1960s, when a state commission deemed it unenforceable. However, resistance from certain politicians and religious groups, concerned about the potential endorsement of infidelity, has kept the law intact until now.
While adultery is considered a misdemeanor in most states, a few, including Oklahoma, Wisconsin, and Michigan, categorize it as a felony. States like Colorado and New Hampshire have already repealed their adultery laws, citing reasoning similar to Lavine’s. Moreover, the constitutionality of adultery bans has come into question, especially following a 2003 Supreme Court decision that invalidated sodomy laws, casting doubt on the enforceability of laws governing private sexual conduct between consenting adults.
As New York stands on the brink of legalizing adultery, this move not only reflects changing societal norms regarding personal freedoms and privacy but also challenges the relevance of such laws in today’s legal landscape.