The crime of adultery is still in Colorado’s law books, but some Democratic lawmakers say it’s an outdated 19th-century holdover that no longer has a purpose.

“It was put into law before Colorado was even a state as a way of reassuring people who were thinking of moving to Colorado, reassuring women who were thinking of moving to Colorado, that if their husbands fooled around on them, they would be protected by the law,” said Denver Democratic Rep. Daniel Kagan, who is proposing to repeal the state’s adultery statute.

Lawmakers on the House Judiciary Committee voted 8-3 on Thursday to move forward with the bill, which would also repeal the related crime of contributing to “sexual immorality” by providing a place, such as a hotel room, for unmarried people to have sex. That prohibition was aimed at Frontier-era flophouses.

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