New York’s repeal of a 117-year-old adultery law is more than just a legal update—it’s a reflection of shifting societal norms.
Story Snapshot
- New York repealed its 1907 adultery law, removing criminal penalties for infidelity.
- The law was rarely enforced, with only 13 arrests over 117 years.
- The repeal aligns with national trends towards decriminalizing consensual adult behavior.
- Adultery remains relevant in divorce proceedings but is no longer a criminal matter.
Why the Law Existed
In 1907, New York enacted its adultery law to discourage divorce and uphold moral standards. Adultery was one of the few legal grounds for divorce, so criminalizing it served dual purposes: moral enforcement and preventing marital dissolution. The law defined adultery as engaging in sexual intercourse with someone other than a spouse, carrying penalties of up to 90 days in jail and a $500 fine.
Despite its intentions, the law was rarely enforced. Over 117 years, only 13 arrests were made, with just five convictions. The statute became an anachronism, as societal attitudes towards personal relationships evolved, and New York’s divorce laws modernized to include no-fault options.
The Path to Repeal
The journey to repeal the adultery law began in the 1960s when a state commission recommended its elimination. Lawmakers initially agreed but reversed their decision due to concerns over appearing to endorse infidelity. For decades, the law remained largely dormant, used sporadically and ineffectively.
By 2024, New York was one of only 17 states still maintaining an adultery law, prompting legislators like Assemblymember Charles Lavine and State Senator Brad Hoylman-Sigal to advocate for repeal. They argued that the law neither protected the community nor served as a deterrent. Governor Kathy Hochul signed the repeal bill on November 22, 2024, removing the statute from the books.
Stakeholders and Perspectives
Governor Hochul emphasized that complex relationship issues should not fall within the criminal justice system. Her decision to sign the bill, even as someone in a long-standing marriage, highlighted the importance of separating personal morality from legal judgment.
Opposition came from figures like Bill Donohue of the Catholic League, who voiced concerns about societal coarsening. However, the repeal faced minimal organized opposition, signaling broad consensus on updating outdated laws.
Implications of the Repeal
The repeal has immediate and long-term implications. Adultery is no longer a criminal matter in New York, aligning the state with national trends towards decriminalizing consensual adult behavior. This shift acknowledges that personal relationships are complex and best addressed in civil, not criminal, contexts.
Family law practitioners must adjust their strategies in divorce cases, as adultery remains relevant but lacks the criminal leverage it once had. The repeal reflects a broader acceptance of individual autonomy and privacy in personal relationships, encouraging other states to reconsider similar laws.
