GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

H                                                                                                                                                   D

HOUSE DRH80269-LU-67  (3/6)

 

 

 

 

 

 

Short Title:     Repeal Cohabitation Law.

(Public)

Sponsors:

Representative Wright.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to repeal the law that prohibits cohabitation in this state.

Whereas, the law prohibiting cohabitation in this State was enacted in 1805; and

Whereas, North Carolina is one of seven states with laws still prohibiting cohabitation; and

Whereas, pursuant to a lawsuit filed in Pender County in 2005, the judge ruled that the "201-year-old" law barring unmarried couples from living together is unconstitutional because it violates an individual's right to liberty under the U.S. Supreme Court decision in Lawrence v. Texas; and

Whereas, the ruling in Pender County does not have statewide application; and

Whereas, the law prohibiting cohabitation in this State is rarely enforced, and when enforced, it is used primarily in domestic cases by an estranged spouse; and

Whereas, approximately 144,000 unmarried couples currently live together in this State; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14-184 is repealed.

SECTION 2.  This act is effective when it becomes law.