Michigan Sex Laws

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Last update:   9/7/2014

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THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

Chapter V

ADULTERY

Document Type Description

Section 750.29 Section Adultery; definition.

Section 750.30 Section Adultery; punishment.

Section 750.31 Section Adultery; complaint and time of prosecution.

Section 750.32 Section Adultery; cohabitation of divorced parties.

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

750.29 Adultery; definition.

Sec. 29.

Definition—Adultery is the sexual intercourse of 2 persons, either of whom is married to a third person.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.29

Former Law: See section 2 of Ch. 158 of R.S. 1846, being CL 1857, § 5857; CL 1871, § 7691; How., § 9278; CL 1897, § 11689; CL 1915, § 15463; and CL 1929, § 16818.

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

750.30 Adultery; punishment.

Sec. 30.

Punishment—Any person who shall commit adultery shall be guilty of a felony; and when the crime is committed between a married woman and a man who is unmarried, the man shall be guilty of adultery, and liable to the same punishment.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.30

Former Law: See section 1 of Ch. 150 of R.S. 1846, being CL 1857, § 5856; How., § 9277; CL 1897, § 11688; CL 1915, § 15462; and CL 1929, § 16817.

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

750.32 Adultery; cohabitation of divorced parties.

Sec. 32.

Cohabitation by divorced parties—If any persons after being divorced from the bonds of matrimony for any cause whatever, shall cohabit together, they shall be liable to all the penalties provided by law against adultery.

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

750.335 Lewd and lascivious cohabitation and gross lewdness.

Sec. 335.

Any man or woman, not being married to each other, who lewdly and lasciviously associates and cohabits together, and any man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00. No prosecution shall be commenced under this section after 1 year from the time of committing the offense.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.335 ;-- Am. 1952, Act 73, Eff. Sept. 18, 1952 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003

Former Law: See sections 6 and 7 of Ch. 158 of R.S. 1846, being CL 1857, §§ 5861 and 5862; CL 1871, §§ 7696 and 7697; How., §§ 9282 and 9283; CL 1897, §§ 11693 and 11694; CL 1915, §§ 15467 and 15468; and CL 1929, §§ 16822 and 16823.

Friday March 21 the day that a federal judge overturned Michigan’s ban on same-sex marriage; Chapter 750, Act 328, Chapter XLVIII, Section 750.335.

From:

http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts

DeBoer v. Snyder

3/21/14 • Federal Court Ruling

Federal court decision declaring that same-sex couples in MI have the freedom to marry. Ruling on hold pending appeal to the 6th Circuit Court of Appeals.

On January 23, 2012, a lesbian couple filed a lawsuit known as DeBoer v. Snyder in federal district court, challenging the state's ban on adoption by same-sex couples so they can jointly adopt their children.

On March 21, 2014, U.S. District Judge Bernard Friedman struck down the ban and legalized same-sex marriage in the state.[60] Subject to appeal.

Texts :

Michigan Constitution, Article I, Section 25

To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.

Michigan Compiled Laws Annotated

551.1 Marriage between individuals of same sex as invalid contract.[61]

Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state.

551.271 Marriages solemnized in another state validated.[62]

(1) Except as otherwise provided in this act, a marriage contracted between a man and a woman who are residents of this state and who were, at the time of the marriage, legally competent to contract marriage according to the laws of this state, which marriage is solemnized in another state within the United States by a clergyman, magistrate, or other person legally authorized to solemnize marriages within that state, is a valid and binding marriage under the laws of this state to the same effect and extent as if solemnized within this state and according to its laws.'

(2) This section does not apply to a marriage contracted between individuals of the same sex, which marriage is invalid in this state under section 1 of chapter 83 of the revised statutes of 1846, being section 551.1 of the Michigan Compiled Laws.

551.272 Marriage not between man and woman invalidated.[63]

This state recognizes marriage as inherently a unique relationship between a man and a woman, as prescribed by section 1 of chapter 83 of the Revised Statutes of 1846, being section 551.1 of the Michigan Compiled Laws, and therefore a marriage that is not between a man and a woman is invalid in this state regardless of whether the marriage is contracted according to the laws of another jurisdiction.