Mar 07, 2003 - 23:18:34 CST
North Dakota's law that makes it a crime for unmarried couples to live together is unenforceable and should be repealed, a state lawmaker argued Friday.Census data show that North Dakota has more than 11,000 unmarried couples living together, but prosecutors say the law is almost never enforced. The last North Dakota Supreme Court appeal of a cohabitation prosecution was more than 60 years ago.
"We have college students sharing apartments. We have seniors sharing living arrangements in order to hang onto their maximum Social Security benefits," said Rep. Mary Ekstrom, D-Fargo. "Are these people criminals?"
The law says a man and woman may not live together "openly and notoriously" as if they were married. It is listed among other sex crimes, including rape, sexual assault and incest. Violations carry a maximum penalty of 30 days in jail and a $1,000 fine.
The Senate's Government and Veterans Affairs Committee listened to testimony on the bill Friday. The full House has already approved the repeal, 60-32.
Rep. Margaret Sitte, R-Bismarck, said living together out of wedlock weakens the institution of marriage and hurts children and families. Couples who are living together have more instances of domestic violence, and are more likely to get divorced if they ever get married, she said.
"State law should not follow the pendulum of trends but should set a standard for what is best for children, for men and women, and for society's best interest," Sitte said.
The North Dakota Supreme Court last heard an appeal of a criminal cohabitation case in 1938, when it upheld the convictions of a man and woman who had been living together in the back of a secondhand store they operated.
Some county prosecutors occasionally receive requests from spouses who want their husbands or wives prosecuted for cohabitation or adultery, which is also a crime.
Sitte said just because unmarried couples are living together and the law is difficult to enforce doesn't mean it should be dumped.
"Teenagers currently drink alcohol. Should we then legalize drinking for those under 21?" she asked. "People use meth. Should we legalize it?"
Carol Two Eagles, a Mandan resident, said it shouldn't matter if roommates are romantically involved or are just friends sharing a place.
Her grandmother lived with her boyfriend of 23 years, Two Eagles said.
"If anyone asked me what I was doing in the privacy of my own home, I'd have to say what my grandmother said to me. 'It's none of your business,'" she said.
Rep. Pat Galvin, R-Hazen, said he's concerned about the direction the state is headed if the repeal is approved.
"I really worry about our cavalier attitude toward the family structure," he said.
The bill is HB1175.
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