Bismarck Tribune - North Dakota News - Lawmaker proposes changes in cohabitation law

Lawmaker proposes changes in cohabitation law

Feb 09, 2004 - 23:14:15 CST

By the Associated Press

FARGO -- A legislator is again proposing changes in a state law that makes it a crime for unmarried couples to live together.

In a bill being prepared for the 2005 Legislature, Rep. Mary Ekstrom, D-Fargo, plans to remove the cohabitation law from the state's list of sex offenses and make it a crime only when unmarried couples fraudulently take advantage of their living arrangement.

The current law makes it illegal for unwed couples to live "openly and notoriously" as if they were married. Supporters of a repeal say the law is almost never enforced.

The offense 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.

Ekstrom's proposal to repeal the law lost 26-21 in the state Senate last year. She said her new bill would accomplish what she tried to do then while still satisfying lawmakers who want to see cohabitation addressed somewhere in the law.

"The only time that anybody could be prosecuted would be because they were committing fraud, not simply because they were living openly and notoriously as man and wife," Ekstrom said.

Sen. Tim Mathern, D-Fargo, called Ekstrom's bill a move in the right direction. But Sen. Ben Tollefson, R-Minot, said the law against unmarried cohabitation reinforces the institution of marriage and he would be "entirely opposed" to any attempt to change it.

The state Supreme Court's most recent cases on the cohabitation law included requests in 1999 and 2002 from inmates who claimed that while they were in prison, their wives began living with other men. In both cases, the Supreme Court ruled prosecutors had the right to use discretion and not prosecute the wives.

In a recent civil case, an attorney for the Fargo Roman Catholic Diocese invoked the cohabitation law to defend the diocese's decision to fire a worker for living unmarried with the father of her child, a violation of diocese policy. The woman's sexual discrimination suit against the diocese is pending.

News > State

Printer friendly version Lawmaker proposes changes in cohabitation law

Comments

M Timpane wrote on Feb 5, 2008 12:48 AM:

" The above comment was not for this particular article must of been swapped from the internet court proceeding s happening around the same time "

Dayton Peterman wrote on Jun 20, 2007 11:50 PM:

" Doctor Who takes three prizes at the National Television Awards in a repeat of its success last year. "

taxed enough! wrote on Jan 20, 2007 9:08 AM:

" I believe if the state house & senate members want to raise taxes maybe they could consider taking a pay cut! If they say it costs $58,000.00 per day to have them in session maybe they could do everything on line and save the state a ton of money! It's pretty easy to say, "Hey we'll just raise taxes", don't they think about keeping people in the state? Maybe we should have those who run for office lay out what their adgenda is before we elect them. Not just skirt around the questions like many do! "

Jayden wrote on Dec 18, 2006 8:39 AM:

" their cute "

gary wrote on Oct 20, 2006 9:42 AM:

" i think you are right we all otta eat rutabega's. hehehe "

Gunit wrote on Sep 20, 2006 12:21 PM:

" im with the guy who wants that national rutabega recipe contest! "

William Brandes wrote on Sep 13, 2006 10:36 AM:

" Kill the machines, before they kill us. "

Have You Lost Your Mind (2) wrote on Sep 7, 2006 9:16 AM:

" I agree with Have You Lost Your Mind, this article is about affordibility comparing states, what the heck does this article have to do with internet poker, greyhound, Rutabegas, or Hooters. "

Double Nickels wrote on Aug 10, 2006 1:21 PM:

" I really don't think that a bar open one more hours is going to make the roads that much more dangerous....that's just me. However, this city is always legged behind everywhere...We will never have a Hooters Bar & Grill let alone getting to stay open one more hour. If memory serves they used to have the mountain time zone across the river until people drove over there for last call. I personally don't care if they're open until 3 or 4 am, but the bottom line is it will never happen with all the conservative people living in this town. "

Veggie consumer wrote on Jul 25, 2006 3:51 PM:

" I think there should be a National Rutabega Recipe contest. The winner gets a trip to that Frisbee golf course. "

Have You Lost Your Mind? wrote on Jul 2, 2006 1:06 AM:

" Have you all lost your minds? Why are you commenting in this section about nonsense? Your comments have absolutely nothing to do with the story here! DUH! Read the story and then decide if your comments are in the correct place! Helllooooooo! "

Phillip wrote on May 20, 2006 5:24 PM:

" I think Greyhound has lost there minds I stay in the south and it would take a day to get 350 miles from where i stay. In the town no bueses run there I have to go an hour a way to ride the bus. We need someone who wants to the job "

Lupita wrote on May 15, 2006 11:18 AM:

" To geat finaacial aid or a grant would it be based on you're gpa "

matthew timpane wrote on Apr 7, 2006 3:49 PM:

" I think that this a great idea and internet poker will never go away so peple in the US should be able to run sites just like the filthy rich ones in othercountries. Why cant young ambitious people have it like any other business? Who knows but I think you;ll have alot of people coming ther if it passes including me. "

Post Your Own Comment

All online comments are limited to 350 words total.
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.