It appears April 2016 is the month of progress. One day after a village in Wisconsin finally put an end to 163-year ban that made it illegal to sell alcohol there, Florida is putting an end to a similarly outdated law that made it illegal for unwed couples to live together.
Yes, you read correctly. For the first time in 148 years, it is actually legal in Florida for unwed couples to "shack up."
The law, part of a statute that targeted "engaging in open behavior that is gross lewdness and lascvious," was first passed in 1868 and punished violators with two years in prison and a $300 fine. That punishment has since changed, and now as a second-degree misdemeanor, offenders can be punished by up to 60 days in jail or a $500 fine.
The rule was rarely enforced in modern times. With nearly half a million unmarried male and female couples in the state, according to 2014 census data, it was simply unreasonable for offenders to be punished for the crime. It's just that now with Gov. Rick Scott's (R-Fla.) decision to repeal the law on Wednesday, punishing people for the offense isn't even a consideration legally.
As you may note, this report explicitly states unmarried male and female couples. This is an important distinction, as due to the wording of the law, same-sex couples were exempt from punishment.
"If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together ... they shall be guilty of a second degree misdemeanor," the former law stated.
Florida lawmakers who pushed for the repeal argued that seniors as well as young people risked being harmed by the Reconstruction-era bill.
"I represent communities of seniors, where a lot of them are technically not married,'' Rep. Richard Stark (D-Fla.) said. "They are living together, but it makes more sense financially or for whatever reason like Social Security to not be married. I don't think that they want to be considered to be violating the law."
While a relic of the past, interestingly enough, co-habitation laws were common in the U.S. until the mid-20th century. To date, two states still have them on the books: Michigan and Mississippi.
