Criminal adultery laws remain on the books in Maryland and police and prosecutors occasionally charge under them. The article mentions that legislatures must repeal laws to eliminate them from the books; it does not mention that any charges or conviction could not withstand a constitutional challenge.
The article mentions one side effect of this laws, illustrating how zombie laws may not be harmless: Litigants in divorce proceedings assert Fifth Amendment privilege around questions of adultery, even though a constitutionally valid prosecution cannot happen; the statute on the books is enough.
Posted by Howard Wasserman on September 12, 2025 at 11:41 AM