Governor Kathy Hochul’s repeal of a century-old adultery law in New York raises questions about the intersection of personal privacy and the legal system.
At a Glance
- Governor Kathy Hochul signed legislation repealing a 1907 New York adultery law.
- The repeal aligns with modern views on personal rights and autonomy.
- Adultery remains a criminal offense in 16 U.S. states.
- Law critics argue it disproportionately affects women and private matters.
Repealing an Antiquated Law
New York’s Governor Kathy Hochul has signed legislation repealing the state’s adultery law dated back to 1907. This law, which classified adultery as a Class B misdemeanor with potential jail time, was seldom used, with only ten cases recorded since 1979. The decision reflects a significant evolution in social attitudes towards privacy and personal autonomy, joining states like Pennsylvania and Colorado in decriminalizing adultery.
The now-dismissed law was originally intended to deter divorce by criminalizing extramarital affairs. Governor Hochul stated that while she has enjoyed a long married life, she recognizes that people’s relationships are complex and should not be grounded in legal interference.
New York Gov. Kathy Hochul repealed a 117-year-old state law that criminalized adultery, which had been a class B misdemeanor punishable by up to 90 days in jail
In a statement, the governor said she understood people “often have complex relationships” https://t.co/8pk89hKJaT
— Kelly McKinney (@kellymnyc) November 22, 2024
Trend Towards Modernization
Across the nation, there is a broader trend towards revising such outdated laws to reflect contemporary views on personal autonomy and privacy. Many critics have argued that laws penalizing adultery disproportionately impact women and often involve private matters that do not require legal intervention. The UN Human Rights Commission and advocates against criminal penalties for adultery holistically support such reforms.
“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 Let’s take this silly, outdated statute off the books, once and for all,” said Gov. Kathy Hochul.
The law’s repeal showcases a commitment, led by figures like State Senator Liz Krueger and Assemblymember Charles Lavine, to streamline legal frameworks to better fit modern expectations of privacy and equality. Their efforts highlight the importance of aligning state policies with evolving societal norms while respecting individual personal spaces.
A National Perspective
Despite New York’s shift, adultery remains a criminal offense in 16 states, including Carolinas, Georgia, and Michigan. Penalties can include fines and prison time, though actual charges and convictions are rare. In contrast, states such as California do not classify adultery as a crime, favoring no-fault divorce statutes, showcasing different regional approaches to marital law across the U.S.
“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,” said Charles Lavine.
The repeal led by Governor Hochul underscores the recognition that legal systems should adapt to reflect contemporary social understandings, emphasizing personal autonomy and disentangling private moral judgments from state-imposed repercussions.
