The crimes of adultery and fornication, which essentially make consensual sex a crime if the parties aren’t married to each other, are probably unconstitutional in the wake of the 2003 Supreme Court case Lawrence v. So that means that right now at least seven states are suddenly amending or repealing their adultery and fornication statutes, most for the first time since they were enacted. Massachusetts and Minnesota’s laws look like they have a fighting chance at least.Īrizona and South Carolina are also attempting to amend their laws, but the basics of the crime will remain intact. Utah’s law was just signed by the governor, and Massachusetts, Minnesota and Virginia all have laws at various levels of committee purgatory. In true Marie Kondo fashion, a few states are starting to “tidy up” their criminal code by removing crimes from the statute books that no longer “spark joy.” More specifically, Utah, Massachusetts, Minnesota and Virginia have all proposed legislation to remove the crime of adultery and (where applicable) fornication from their statute books.
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