New York Repeals Outdated Adultery Law to Modernize Legal Perspectives on Personal Issues

U.S. Capitol dome with American flag flying.

New York Governor Kathy Hochul signs bill repealing century-old adultery law, sparking debate on traditional values and personal freedoms.

At a Glance

  • New York’s 1907 adultery law, which made infidelity a criminal offense, has been repealed
  • Only 5 people have been convicted of adultery in New York since the 1970s
  • 16 states, primarily in conservative regions, still maintain legal consequences for adultery
  • The repeal aligns New York with states like California in removing criminal penalties for extramarital affairs

New York Joins Progressive States in Decriminalizing Adultery

Governor Kathy Hochul has signed legislation repealing New York’s 117-year-old adultery law, marking a significant shift in the state’s legal stance on personal relationships. The 1907 law, which classified adultery as a misdemeanor punishable by up to 90 days in jail, has been eliminated, aligning New York with other progressive states like California in removing criminal penalties for extramarital affairs.

The repeal follows similar actions in Pennsylvania, Colorado, and Utah, reflecting a broader trend to modernize laws in accordance with contemporary views on personal rights and equality. Despite the law’s infrequent enforcement, with only five convictions since the 1970s, its removal has sparked debate about the state’s commitment to traditional marriage values and family structures.

Governor Hochul’s Stance on Personal Relationships

In justifying the repeal, Governor Hochul emphasized that personal relationships should not fall under the purview of the criminal justice system. This perspective aligns with a growing sentiment that such matters are best handled privately by individuals rather than through legal channels.

“While I’ve been fortunate to share a loving married life with my husband for 40 years — making it somewhat ironic for me to sign a bill decriminalizing adultery — I know that people often have complex relationships. These matters should clearly be handled by these individuals and not our criminal justice system. Let’s take this silly, outdated statute off the books, once and for all.” – Gov. Kathy Hochul

Critics argue that the repeal may be seen as tacit endorsement of infidelity, potentially undermining the institution of marriage. However, supporters of the change contend that the law was outdated and rarely enforced, with only 10 people charged with adultery as their highest-level offense since 1979.

Adultery Laws Across the United States

While New York has joined the ranks of states decriminalizing adultery, 16 states, primarily in conservative regions, still maintain legal consequences for marital infidelity. These states include Georgia, Mississippi, Oklahoma, the Carolinas, and others, where adultery can potentially result in fines or even prison time, though charges and convictions are rare.

“Laws are meant to protect our community and to serve as a deterrent to anti-social behavior. New York’s adultery law advanced neither purpose.” – Charles Lavine

The contrast between states maintaining adultery laws and those repealing them highlights the ongoing debate about the role of government in personal relationships. California, for instance, not only decriminalizes adultery but also does not consider it in divorce proceedings, exemplifying a hands-off approach to marital fidelity in legal matters.

International Influence and Broader Implications

The repeal of New York’s adultery law aligns with recommendations from international bodies such as the United Nations Human Rights Commission, which has opposed criminal penalties for adultery. This global perspective emphasizes concerns about the disproportionate impact of such laws on women and the potential for severe punishments in some countries.

As New York joins the growing list of states modernizing their legal codes, the debate continues over the balance between preserving traditional values and adapting to changing societal norms. The repeal of the adultery law represents a significant shift in how personal relationships are viewed in the eyes of the law, leaving many to ponder the long-term implications for marriage, family structures, and individual freedoms in the state.

Sources:

  1. Cheating on your spouse is now legal in New York, but still a crime in these 16 states
  2. New York Repeals 1907 Law That Made Cheating on Spouses a Crime
  3. Cheating on your spouse is no longer a crime in New York
  4. You can now freely cheat on your spouse in New York without fear of prosecution after 117 years

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