After more than a century of being a crime in New York, adultery may soon be legal in the Empire State as a bill to repeal the law makes its way through the New York Legislature. The seldom-used law, punishable by up to three months behind bars, has only resulted in a handful of charges and even fewer convictions over the years. Assemblyman Charles Lavine, who sponsored the bill, argues that it's time to throw out the law, stating that prosecutors shouldn't be involved in what consenting adults do behind closed doors.

Historically, adultery bans were punitive measures aimed at women to discourage extramarital affairs that could question a child's parentage, according to law professor Katharine B. Silbaugh. The bill to repeal the ban has already passed the Assembly and is expected to pass the Senate before reaching the governor's desk for a signature.

While most states with adultery laws classify them as misdemeanors, some like Oklahoma, Wisconsin, and Michigan treat adultery as felony offenses. However, several states, including Colorado and New Hampshire, have moved to repeal their adultery laws with similar arguments to those made by Assemblyman Lavine.

Questions over the constitutionality of adultery bans have also been raised, especially after a 2003 Supreme Court decision that struck down sodomy laws. Justice Clarence Thomas's dissent in the court's 2022 decision on abortion protections has also sparked debate on the legality of adultery laws.

Overall, the repeal of the adultery law in New York seems to be a reflection of changing societal attitudes towards intimate relationships and privacy. With the law rarely enforced and seen as outdated by many, it appears that adultery may soon be decriminalized in the state.