IRS regulations state that they will not grant exemptions for a cohabiting dependent and relatives if cohabitation is illegal in the local jurisdiction.
California Some places, including the state of California, have laws that recognize cohabiting couples as "
domestic partners." This recognition led to the creation of a Domestic Partners Registry, granting them limited legal recognition and some rights similar to those of married couples.
Florida Although anti-cohabitation laws are often not enforced elsewhere in the country, under the state's 1868 law governing "lewd and lascivious behavior". On March22, 2016, the Florida legislature voted to repeal the state's ban on cohabitation. After passing the Senate unanimously, SB498 passed the House by a vote of 112–5, and governor
Rick Scott signed the bill into law on 6April 2016.
North Carolina In North Carolina, cohabitation, defined as "the act of two married or unmarried heterosexual or homosexual adults dwelling together continuously and habitually", is grounds for supporting spouse to terminate a court judgment or order of postseparation support or alimony to a dependent spouse. Although North Carolina's law against opposite-sex cohabitation was struck down by North Carolina Superior Court Judge Benjamin Alford, the Supreme Court of North Carolina has never had the chance to rule on the issue, so the law's statewide constitutionality remains unclear.
North Dakota North Dakota's anti-cohabitation law dates back to 1895, shortly after the state was admitted to the union. Multiple initial attempts to repeal the law failedat least three times between 1990 and 2007 alone. On April1, 2003, the North Dakota state Senate voted 26–21 to keep the 113-year-old state law against male-female cohabitation, which outlawed the practice and carried a penalty of up to 30 days in jail and a $1,000 fine. At the time, North Dakota's most recent census showed 11,000 unmarried couples of all genders. While some married people occasionally asked county authorities to prosecute their spouses for cohabitation or adultery, the law had not been used to prosecute anyone since 1938. Nevertheless, the
North Dakota Supreme Court ruled in
N.D. Fair Housing Council, Inc. v. Peterson (2001) that "[u]nder the words of the statute, the rules of statutory construction, and the legislative, administrative, and judicial history... it is not an unlawful discriminatory practice under
N.D.C.C. § 14-02.4-12 to refuse to rent to unmarried persons seeking to cohabit." The law was changed in March 2007; the state House voted 48-41 and the state Senate voted 35–10 in favor of S.B. 2138, which was signed into law by governor
John Hoeven, removing the cohabitation statute.
Mississippi , only one state,
Mississippi, still has laws on its books against cohabitation which have not been removed or ruled unconstitutional.
Texas Many legal scholars believe that in light of in
Lawrence v. Texas (2003), such laws making cohabitation illegal are unconstitutional (North Carolina Superior Court judge Benjamin Alford struck down the North Carolina law as unconstitutional on that basis).
Utah The charge of "unlawful cohabitation" was used in the late 19th century to enforce the
Edmunds Act, and other federal
anti-polygamy laws against the Mormons in the
Utah Territory, imprisoning more than 1,300 men. However, incidents of cohabitation by non-polygamists were not charged in that territory at that time. Some modern scholarship suggested the Edmunds Act might be unconstitutional for being in violation of the
Free Exercise Clause, although the Supreme Court had repeatedly ruled that neutral laws that happen to impinge on some religious practices are constitutional. On 13 December 2013,
US Federal Judge Clark Waddoups ruled in
Brown v. Buhman that the portions of Utah's anti-
polygamy laws which prohibited multiple cohabitation were unconstitutional, but also allowed Utah to maintain its ban on multiple marriage licenses. This decision was overturned by the
United States Court of Appeals for the Tenth Circuit, thus effectively recriminalizing polygamy as a felony. In 2020, Utah voted to downgrade polygamy from a felony to an
infraction, but it remains a felony if force, threats or other abuses are involved.
Virginia The
Supreme Court of Virginia similarly found the commonwealth's (unenforced) law making fornication (sex between unmarried persons) illegal to be unconstitutional in
Martin v. Ziherl. ==See also==