A legislative proposal by Sen. Scott Surovell (D–Fairfax) would have seemed a no brainer in any legislative body. Surovell was seeking to decriminalize adultery in Virginia. As I have previously discussed (here and here), Virginia has an anachronistic and facially unconstitutional law that makes adultery a crime. Yet, the Virginia Senate killed the bill this month and reaffirmed its intention to criminalize what the majority deems immoral choices by consenting adults. Adultery will remain a Class 4 misdemeanor despite 13 other states that have repealed similar laws in recent years.
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