New York, USA – A century-old law criminalizing adultery may soon be repealed in the state of New York. Introduced in 1907 to deter divorces, the law has seldom been enforced, with only about a dozen people charged since 1972 and five resulting in convictions. New York assemblyman Charles Lavine has sponsored a bill to repeal the law, describing it as nonsensical and outdated. Supporters argue that it is time to move away from viewing intimate relationships between consenting adults as immoral. The bill has already passed the state assembly and is expected to be approved by the state senate before reaching the governor’s office for a final decision.
Adultery laws, including the one in New York, have historically been criticized for their discriminatory nature, disproportionately targeting women. Katharine Silbaugh, a law professor at Boston University, attributes these bans to patriarchy. The first arrest under the New York law occurred just weeks after its implementation, involving a married man and a 25-year-old woman. The most recent case was in 2010, when a woman was charged with adultery for engaging in a sexual act in a public park, although the charge was eventually dropped as part of a plea deal.
Efforts to repeal adultery laws have gained traction in multiple states, with some already succeeding. Colorado and New Hampshire are among the states that have abolished adultery laws, citing similar arguments to those being made in New York. However, not all states treat adultery as a low-level offense. Oklahoma, Wisconsin, and Michigan consider it a felony. In the 1960s, there was a push to abolish the law in New York, but it was ultimately retained after concerns were raised that its removal might be perceived as an endorsement of infidelity.
The repeal of the adultery ban in New York reflects changing societal attitudes towards relationships and personal autonomy. As laws evolve to better align with contemporary values, the repeal of this century-old statute illustrates a significant step towards acknowledging the private nature of intimate relationships between adults.