N.C. Cohabitation Law Struck Down

But Legal Fight Over The Issue Might Not Be Over

(CBS/AP)  A North Carolina Superior Court judge has issued a formal ruling declaring that the state's law barring unmarried couples from living together is unconstitutional and blocked state officials from enforcing it.

But the exact reach of the ruling remained unclear Wednesday. The state chapter of the American Civil Liberties Union said the decision puts an end statewide to a law that many believe is outdated and intrusive, while legal experts had varying opinions about who would have to comply with the judge's order.

Neither the state Attorney General's office nor Attorney General Roy Cooper, a defendant in the case, would comment.

The ACLU sued last year to overturn the law on behalf of Debora Hobbs, 42, a former Pender County sheriff's dispatcher who said Sheriff Carson Smith told her to get married, move out or find another job after he found out she and her boyfriend had been living together for three years. The couple did not want to get married, so Hobbs quit in 2004.

The law, passed in 1805, says "If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor."

Pender County Superior Court Judge Benjamin G. Alford wrote in a ruling filed Tuesday that the law violates the Fourteenth Amendment of the U.S Constitution, as well as the state constitution.

Dan Pollitt, professor emeritus at the University of North Carolina School of Law, said he wasn't sure whether Alford could stop district attorneys, sheriffs and elected judges outside of his judicial district from enforcing the law.

Added Shannon Gilreath, who teaches sexuality and the law at the Wake Forest University School of Law, "It looks like Judge Alford thinks he's issued an injunction binding the state. Whether he's done it, or could do it, is less than clear to me."

It's possible that a Superior Court judge in another district could decide Alford's ruling is not binding and issue a contrary decision in a different cohabitation case, Gilreath said.

"Then we would have a problem that an appellate court would have to deal with," Gilreath said.

The uncertainty among experts didn't stop the ACLU from praising Alford's ruling.

"He could not have made this more clear," said Jennifer Rudinger, executive director of the ACLU of North Carolina. "There is no question anymore. (North Carolina) cannot enforce the cohabitation law in any manner."

Rudinger said ACLU attorneys have found about three dozen instances since 1997 of charges being filed under the law. She doesn't know how many resulted in convictions. Rudinger said the law also comes into play in divorce and custody cases, as well as in parole situations.

"There are people right now, today, that are being told by their probation officers they're not allowed to live together," Rudinger said.

About 144,000 unmarried couples live together in North Carolina, according to the 2000 census.

[ehein]

So since slavery was argued "moral and right" in the past it should still be considered as such today? Women weren't given suffrage because their voice didn't matter. Was that right too? Oh I see. We should probably all resume life as they were in the good old days. We probably shouldn't even bother with modern medicine or research because that could lead to some nasty contributions like the HPV vaccination, which protect those dreadful sinners who partake in fornication outside of marriage (and who may be cohabitating as well). It's a good thing we have ignorant people to show others how much progression has yet to take place.

[ehein]

So since slavery was argued "moral and right" in the past it should still be considered as such today? Women weren't given suffrage because their voice didn't matter. Was that right too? Oh I see. We should probably all resume life as they were in the good old days. We probably shouldn't even bother with modern medicine or research because that could lead to some nasty contributions like the HPV vaccination, which protect those dreadful sinners who partake in fornication outside of marriage (and who may be cohabitating as well). It's a good thing we have ignorant people to show others how much progression has yet to take place.

[nedlee-2009]

while I dont agree with the law, im sure that there are a ton of out dated laws that simply arent and shouldnt be inforced, this one included. as far as the alimony comment by the first poster, child support yes you should receive it. alimony however should be very short term in my oppinion. if the husband can continue with his life without her financial help than so should she.

[peachesone]

I am divorced and truly think this is a ridiculous law. The ex husband can do whatever but the wife can't if receiving alimomy. Would be great if the law is changed.

[cantshutup]

there is a similar law in Missouri and I'm sure throughout traditionally conservative communities...that's what happens when right-wingers try to regulate morality...those of you who say unmarried adults with children are damaging their kids need to get off your high-horses, you don't have scientific proof to back it up, you only have the b.s. your minister has been feeding you. Married folks do as much damage as "co-habitators"...in the county I live in GREENE, we have the HIGHEST rates of child abuse in the whole state and we are smack dab in the middle of the BIBLE BELT!!!

[johnbrownjr1]

Bush,Roberston, and Fallwell would love to see this as an amendment to the constitution. Today North Carolina, tomorrow the US of A!

[deidre919]

I live here in Raleigh NC and when I heard this on the news yesterday I was delighted. My son's father and I have been together for the last 15 years and I wouldn't dream of getting married to him ar any one else so this law change is perfect for us.

[icbridges]

Well, let's see how these laws fair when they start arresting senior citizens who live together rather than marry because the woman does not want to see her social security payment reduced. Or are they only interested in legislating the morals of people still in their reproductive years?

[mickeyjay31]

Are you kidding me? Just when you thought things could not get any more insane, the state of North Carolina rips a new one. I figured when they replaced Czar Helms from office things would get better. WRONG! Come on Tar Heels, stick to BBCue and get outta my bedroom!

[cbsnewsblog]

Looks like the NC authorities should raid all of the college apartments. Just think of the awful cohabitation crimes being committed there!
Gimmee a break!! Not only does it violate our freedom but it's also gender specific and discriminating making it even more unconstitutional. Imagine if they tried to enforce a similar law against a *** couple. To me, this kind of behavior from our law enforcement is embarrassing and puts cops in a very bad light. Absolutely ridiculous!