Massachusetts and Fornication: From Bible Commonwealth to Repeal
Yes, for centuries. Early New England criminal law drew heavily on the Old Testament. In 1972 the Supreme Court noted in Eisenstadt v. Baird that fornication was still a Massachusetts misdemeanor, carrying a thirty-dollar fine or three months in jail. It was repealed in 2018, the same year as the state's adultery statute.
What the full article will cover
- How did Puritan Massachusetts punish fornication?
- How did the offense survive into the 20th century?
- What did Eisenstadt v. Baird reveal about the law?
- When did Massachusetts repeal it?
- What other morals laws did the state drop?
Frequently asked questions
- What was the penalty for fornication in Massachusetts in 1972?
- Is adultery still a crime in Massachusetts?
- Why did Massachusetts keep the law so long?
Sources
- loc.gov — https://www.loc.gov/exhibits/religion/rel01.html
- law.cornell.edu — https://www.law.cornell.edu/supremecourt/text/405/438
- wsvn.com — https://wsvn.com/news/us-world/a-new-bill-could-finally-make-it-legal-for-unmarried-people-to-have-sex-in-virginia/
- malegislature.gov — https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section14
General information, not legal or religious advice.