The North Dakota Legislature voted Thursday to repeal a centuries old law that bans men and women from living together without being married.

Under the provision, which has passed the both the state House and state Senate, living together "openly and notoriously" while unwed would no longer be considered a sex crime. The only couples who could be charged with a crime are those who pass themselves off as married for financial or other benefits.

"This purely deals with fraud," said Rep. Mary Eckstrom, D-Fargo.

The measure passed the House 48-41 Thursday afternoon after a long, lively debate. It passed the Senate earlier this month by a vote of 35-10.

Placed on the books when North Dakota became a state in 1889, the law survived previous attempts at repeal during the last two legislative sessions. Seven states have similar laws.

Those who want to see North Dakota removed from this list say the law is an antiquated intrusion into people's private lives.

"I don't think it's any of my business whether my neighbors have a marriage certificate or not," said Sen. Tracy Potter, D-Bismarck, who sponsored the repeal. "I certainly don't think the government has any role in regulating that type of morality."

Rep. Duane DeKrey, R-Pettibone, said the law could give North Dakota a backwards image that would harm its push to attract people and companies from other states for economic development.

"What's going to come to mind when they think of North Dakota? They're the state that still has a cohabitation law on the books, and very few states still do," he said.

Opponents of the repeal said the law, which has not been enforced in recent years, is still important in setting a standard.

"This isn't really an issue of whether people are being mistreated or mishandled by this statute," said Rep. Kim Koppelman, R-West Fargo. "It's a question of what kind of moral standard we want to set in our state."

About 23,000 unmarried North Dakotans live with their opposite sex partners, according to the U.S. Census Bureau.

(Reach reporter Jonathan Rivoli at 223-8482 or jonathan.rivoli@bismarcktribune.com)