American Taliban: Family Group Calls for Laws To Be Strengthened That Criminalize Sex Outside of Marriage

Written by Jonathan Turley Tuesday, 15 December 2009 06:53

There is an interesting fight in Minnesota where State Senator Ellen Anderson made the modest suggestion that the state repeal laws making it illegal for a married woman to cheat on her husband and another statute that makes it a crime for single women to have sex at all. The response of the powerful Minnesota Family Council is to call for the law not to be repealed but strengthened to make it a crime for men to have sex outside of marriage.

An adulterous woman today can charged with a gross misdemeanor with a prison sentence of one year, plus a possible fine of up to $3,000. This was once a standard “morality law” in the states. For a prior column criticizing such laws and questioning their constitutionality, click here.

Tom Prichard of the Minnesota Family Council insists that “they’re important. They send a message . . . When you are dealing with a marriage, it’s not just a private activity or a private institution. It’s a very public institution. It has enormous consequences for the rest of society.”

These laws are presumptively unconstitutional. However, it is the continued use of criminal law to force people to comply with religious values that is troubling. This is precisely the view of the law enforced by religious extremists throughout the world. This is, as Mr. Prichard suggests, a matter of great symbolism even if the laws are not enforced. It stands for the proposition that consenting adults can be jailed in the United States for failing to maintain the moral principles of their neighbors.

Read the original article at JonathanTurley.org

The article in CBS's Strange News:

Adultery Illegal in Minnesota (for Women)

Laws More than 150 Years Old Prohibit Married Women from Cheating, Single Women from Fornicating

(CBS) If Tiger Woods lived in Minnesota (and was a woman) his alleged extramarital affairs may have landed him in even bigger trouble than he's already in.

There are apparently laws on the books dating back more than 150 years, when the Gopher State was just the Gopher Territory, making it illegal for a married woman to cheat on her husband, reports CBS station WCCO-TV in Minneapolis.

Another statute prohibits single women from having sex at all.

The law against married women is a gross misdemeanor and carries a prison sentence of one year, plus a possible fine of up to $3,000.

"It's completely obsolete and should be repealed," State Senator Ellen Anderson told WCCO.

Neither law is enforced, but not everyone thinks they're outdated.

"We think they're important. They send a message," said Tom Prichard of the Minnesota Family Council, who thinks the laws should actually be strengthened to apply to men as well.

"When you are dealing with a marriage, it's not just a private activity or a private institution. It's a very public institution. It has enormous consequences for the rest of society," Prichard said.

Anderson said most lawmakers won't bite on trying to repeal the sex laws - because they're not enforced, it may not be worth spending the political capital.

"Anything that has to do with sex for some reason becomes a political football around the Capitol."