‘Shacking Up’ Ban Headed To The History Book; Local Lawmaker Disagrees

March 10, 2016

It soon could be legal to shack up in Florida.

The state House on Wednesday approved repealing a law dating to 1868 that makes it a crime for men and women to live together if they are not married.

With the Senate passing the bill (SB 498) last week, the measure is ready to go to Gov. Rick Scott. The House approved the bill in a 112-5 vote, with five Republicans — Janet Adkins of Fernandina Beach, Brad Drake of Eucheeanna, Mike Hill of Pensacola Beach, Jennifer Sullivan of Mount Dora and Charles Van Zant of Keystone Heights — dissenting.
None of the opponents of the bill commented on the House floor Wednesday.

“You have to ask yourself, would you want you children to live together with others or prefer to see them married. Marriage was mostly certainly the original intent of the law,” Hill told NorthEscambia.com. “I don’t subscribe to popular opinion that it becomes the accepted norm that makes it right because that’s the way society has evolved.”

“When you take a look at the state of Florida, and the nation in general, as to how many people live together while not married, to have a law on the books that says it’s illegal just doesn’t make good sense,” said Rep. Richard Stark, a Weston Democrat who is one of the sponsors of the repeal.

Stark said the issue affects seniors, as well as younger singles.

“I represent communities of seniors, where a lot of them are technically not married,” he said. “They are living together, but it makes more sense financially or for whatever reason like Social Security to not be married. I don’t think that they want to be considered to be violating the law.”

House and Senate staff analyses said the law originally went into effect in 1868 and makes it a second-degree misdemeanor for men and women to “lewdly and lasciviously associate and cohabit together” without being married.

The analyses said Florida, Michigan and Mississippi are the only states that make cohabitation illegal. Seven other states — Arizona, Idaho, Maine, New Mexico, North Dakota, Virginia, and West Virginia — have repealed similar laws in recent years, while a court struck down a North Carolina law, the House analysis said.

Such laws have rarely been used to bring criminal charges, but the House analysis said the Florida Department of Business and Professional Regulation used the law in 1979 during a civil proceeding to suspend a liquor license.
During a committee meeting in September, Van Zant pointed to religious objections to the repeal.

“Who are we to say that we do not at least fear God?” he asked.

by Jim Saunders and Tom Urban, The News Service of Florida with contribution from NorthEscambia.com

Comments

10 Responses to “‘Shacking Up’ Ban Headed To The History Book; Local Lawmaker Disagrees”

  1. David Huie Green on March 12th, 2016 11:21 am

    REGARDING:
    “Commitment, respect, honor and growing to love…makes and keeps the bond between a man and woman!”

    True.
    People lie and break promises.
    People also keep promises.

    Legal commitment alone is not enough.
    Legal non-commitment tells the world commitment, respect, honor and love are limited between the two.

    David for the whole shebang

  2. Sage 2 on March 11th, 2016 4:10 pm

    As has been proven so many times, a marriage license and wedding vows do not a marriage make. If in doubt, check the Clerk of the Courts website.

    Commitment, respect, honor and growing to love…makes and keeps the bond between a man and woman!

  3. David Huie Green on March 10th, 2016 1:44 pm

    Marriage is a legal commitment.
    Non-marriage is a legal non-commitment.

    David for honesty

  4. eyeswideopen on March 10th, 2016 9:18 am

    This law has not been enforced if so it would have created many jobs and no one would be unemployed. It makes it legal so the man and woman can live together with their 1-6 children while she collects food card, housing, medicaid and whatever else is free! These people got a lot of time on their hands to find stuff to get into. Do you know what stuff I’m talking about? I’m not saying all are like this but I think 85% are.
    All on Public Assistance should and would be glad to be drug tested if they are in dire need of help outside of their family.

  5. Shenna Edwards on March 10th, 2016 8:28 am

    I fully agree that COUPLES that live together, especially with children should be married, but when is enough really enough with the government controlling peoples lives? What about those situations when it makes “financial sense” to have a room mate? Seniors, college students, and young working people all can benefit from having a roomie, I know that I have! There are many situations when being married does NOT make sense!

  6. bwbatwayne on March 10th, 2016 8:24 am

    Did Adam and Eve have a marriage license? I think not. In the eyes of The Great Spirit, a piece of paper instituted by mankind is not the binding force.

  7. Marilyn Smith on March 10th, 2016 8:07 am

    Why must we assume that a couple that lives together sleeps together. I lived with my best friend for 29 years til he passed a year ago. We were never lonely and always there for each other in sickness and in health until the very end. We each had our own bedroom and were very happy. More so than most married folks. No one knows what goes on behind closed doors except my maker and he will be th one to judge me.

  8. BT on March 10th, 2016 6:21 am

    Yes, we’re all for limited government…unless we can enforce a little morality.

  9. 429SCJ on March 10th, 2016 5:24 am

    Everything eventually becomes “the norm”, that is until a stronger force declares it abnormal.

  10. chris in Molino on March 10th, 2016 4:58 am

    Wow Mike Hill, I commend you for taking that stance. You are absolutely correct. However, would you have made the same vote not knowing the bill would overwhelmingly pass ?