Occasionally some newspaper or television stations runs a story about antiquated laws. These are typically laws passed early in the 19th century which make it illegal to do any number of things that make contemporary Americans wonder what our ancestors were thinking. Such laws are often used for amusement purposes, but there’s an important reason to purge them from the books — occasionally judges decide to enforce them.
U.S. Magistrate Judge Carl Horn, for example, is busy enforcing a North Carolina law passed in 1805 which makes it illegal for residents of that state to cohabitate. Typically Horn enforces the law during bail hearings that come before him. One of the questions he asks those seeking to be released on bond is whether or not they are living with a member of the opposite sex. If they are, but are not married, Horn denies the bond request until the two marry or stop living together.
A story in The Charlotte Observer seemed to find this situation amusing, but it’s a little absurd to have the federal government dictating living arrangements in this way. Some of the folks faced with staying in jail or getting married choose to get married, which Horn seems to see as a success. One has to wonder, however, how many of these quickie marriages done to satisfy a bail requirement really last.
Such laws need to be vacated by the legislature.
Source:
Halt cohabitating or no bail, judge tells defendants. Eric Frazier and Gary L. Wright, The Charlotte Observer, April 5, 2001.