FILE - A marriage official offers a couple their rings during their wedding at the Empire State Building in New York, Wednesday Feb. 14, 2007. Cheating on your spouse is illegal in New York but the state might soon change that. A bill working its way through the New York Legislature could repeal a more than century old law that makes adultery a crime.
Lavine says it’s time to throw out the law given that it’s never enforced and because prosecutors shouldn’t be digging into what willing adults do behind closed doors. Katharine B. Silbaugh, a law professor at Boston University who co-authored “A Guide to America’s Sex Laws,” said adultery bans were punitive measures aimed at women, intended to discourage extramarital affairs that could throw a child’s parentage into question.New York’s bill to repeal its ban has already passed the Assembly and is expected to soon pass the Senate before it can move to the governor’s office for a signature.
The panel's changes were initially accepted in the Assembly, but the chamber restored the adultery law after a politician argued its elimination might appear like the state was endorsing infidelity, according to aMost states that still have adultery laws classify them as misdemeanors, but Oklahoma, Wisconsin and Michigan treat adultery as felony offenses.
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