Colorado moves to decriminalize adultery

CBS/AP

DENVER Adultery is still a crime on Colorado's law books, but some Democratic lawmakers say it's an outdated 19th-century holdover that no longer serves a purpose.

Denver Democratic Rep. Daniel Kagan, who is proposing to repeal the state's adultery statute, said it was originally put into law before Colorado was even a state, as a way of reassuring women thinking of moving to the territory that, "if their husbands fooled around on them, they would be protected by the law."

The state's House Judiciary Committee voted 8-3 on Thursday to move forward with the bill, which would also repeal the related crime of contributing to "sexual immorality" by providing a place, such as a hotel room, for unmarried people to have sex. That prohibition was aimed at Frontier-era flophouses.

In the last five years, there have been only two convictions for promoting sexual immorality, according to a legislative analysis for the bill.

The full House will now vote on the bill.

Adultery is illegal in Colorado, but no criminal penalty is specified. Kagan said almost half the states still have adultery laws.

Although the law is little-known and rarely applied -- and some view it as an antiquated statute -- Kagan said its existence is concerning because it gives authorities the power to question people about their personal lives, "which is a gross invasion of privacy that's fully within the rights of the police right now."

The Rev. Bill Carmody, with the Catholic Diocese of Colorado Springs, said repealing the adultery law would be disrespectful to the institution of marriage.

"Do we want the state to promote a policy that tells our young people that we no longer believe adultery is inappropriate and wrong?" he said.

"Critics of this measure have said, 'Well, you're condoning adultery.' No, no, we're not condoning adultery at all," Kagan told CBS Station KCNC. "We're saying adultery, if it occurs, should be a matter between a person, their spouse, maybe their conscience, their minister, but not for police investigation."

Kagan said repealing the adultery law is a matter of keeping "the police out of our bedroom."

The hearing before Thursday's vote had some light moments. Jon Caldara, head of the right-leaning Independence Institute, told lawmakers that repealing useless laws is a conservative value. But before that, he joked about another reason for why he was testifying in favor of the bill.

"I think I'm authorized to speak for every bald, overweight man in Colorado who is certain that there are truckloads of gorgeous, gorgeous married women waiting to have affairs with us, if only this law would be repealed," Caldara said.

[ALoveChild]

Oh no! Senators and Secret Children: Can Professional Character and Personal Integrity Be Bifurcated? http://huff.to/13ieled

[rnrstar]

""Do we want the state to promote a policy that tells our young people that we no longer believe adultery is inappropriate and wrong?" he said."

No, it says that it's none of the government's business.

[aintfakin]

Marriage was invented as simply a civilized way for men to control their women to get past the caveman way of fighting or killing each other for them as other animals do. Now that women are recognized as equal human beings marriage seems a little quaint.
Don't get me wrong....if 2 consenting adults want to get married for commitment to each other and/or control over each other that is their business.
I guess that my point is that any sex based laws outside of a forced act are ludicrous

[hypnotoad72]

And people thought California was the communist state.

[musehobo]

KREMLINOBAMA- Interesting...The only people who come across as wacko, are the Reverend and you. Decriminalizing something is not the same thing as promoting it. There are a whole lot of things that aren't necessarily "right", that aren't illegal. This is between families, not for tax money to be wasted.

Furthermore, if you read the other law they were repealing, it was illegal to rent rooms to unmarried couples. How can any self-respecting businessman monitor that? You gonna ask all couples for a marriage certificate? I guess 2 friends couldn't rent a hotel together either. They may be homosexuals.

[hypnotoad72]

*zing*

[cleric77]

Interestingly, this is coming from our amoral democrat party...are we surprized?????????

[Wookiee-1138]

"Never let your sense of morals get in the way of doing what's right."
-Asimov

[swm1143]

Cleric77... you name suggests American Taliban.... hmmmmm

[lnytnz]

3 voted against repeal, really? who are these dinosaurs?

[hypnotoad72]

Dinosaurs?

So being cognizant of others' relationships and not usurping them for personal jollies is fine and well by you?

Sheesh, GLBT people want the right to marry and here are all these lazy, good-for-nothing heteros that think only of themselves... the irony is astounding...

[caljack430]

Don't worry Catholic Church, it will still remain very very illegal to rape and abuse young child, so go ahead and continue that...

[Wingsfan1983]

No it is Akins with Legitimate Rape. Bad jokes