A brief history of infidelity laws in America

For most of American history, adultery was not just socially condemned—it was legally punished. Every U.S. state once treated marital fidelity as essential to family stability and community well-being, recognizing that betrayal causes serious emotional, financial, and social harm.

Early America:

In the colonial era, adultery was considered a grave offense against both the family and the social order. Punishments included public shaming, fines, imprisonment, and in rare cases, even capital punishment. Marriage was viewed as a foundational contract, and violating it carried real legal consequences.

19th & Early 20th Century:

As the nation grew, adultery laws became widespread and standardized. Nearly all states enforced criminal penalties—typically fines or jail time. Courts consistently recognized that infidelity was not a private mistake but a form of deception that inflicted measurable harm on spouses and children.

Mid-20th Century Changes:

Starting in the 1960s, legal culture shifted toward expanding individual privacy rights. Many states left adultery laws on the books but reduced or eliminated prosecution. The rise of no-fault divorce further weakened formal accountability, even though the harm caused by infidelity remained unchanged.

Today:

Adultery is still technically illegal in many parts of the United States, though enforcement is minimal due to modern interpretations of privacy. Yet despite legal dormancy, public support for stronger accountability is rising as infidelity becomes more common and the damage more visible.

The history is clear:

For centuries, American society recognized the destructive impact of infidelity—and used the law to deter it. The modern movement for renewed accountability is not a radical idea; it is a return to long-standing principles of protecting families, trust, and the integrity of marriage.