LANSING, Mich. (Michigan News Source) – The Michigan Senate passed a bill on Wednesday that would amend a law restricting unmarried couples from cohabitating.

Section 750.335 of the 1931 Michigan Penal Code states that: “Any man or woman, not being married to each other, who lewdly and lasciviously associates and cohabits together … is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.” The Senate bill would eliminate the cohabitation clause, while still restricting “open and gross lewdness and lascivious behavior.”

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This law, according to a 2016 analysis by the nonpartisan Senate Fiscal Agency, is “essentially unenforced” but does have implications for whether unmarried couples who cohabitate can claim dependents on their tax forms.

“A person is not considered a member of a taxpayer’s household, however, if the relationship between the person and the taxpayer is in violation of local law,” the report explained. “Michigan’s prohibition against unmarried partners living together, then, precludes one partner from claiming the other as a dependent, even if the standards for dependency are otherwise met.”

Sen. Stephanie Chang (D-Detroit) says the bill will help “[bring] us into the 21st century.” She pointed out that Michigan is one of two states in the country with a law prohibiting unmarried cohabitation. (The other is Mississippi.)

“This law will help some individuals in our state by reducing their taxpayer burden,” Chang said. “It’ll place unmarried Michigan taxpayers on equal footing with tax brackets in almost every other state.”

Chang said she did not expect there to be a floor discussion about the bill, but nine Republicans voted against it.

“I very easily would be a yes on this bill if the tax structure continued to encourage marriage,” said Sen. Thomas Albert (R-Lowell) in his no-vote explanation, adding that he believed criminalizing cohabitation is a “foolish policy.” “The bill before us today would clear the way for two unmarried individuals living together to … claim those tax benefits.”

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Sen. Ed McBroom (R-Vulcan) said the bill demonstrates society’s moral decline. “This law … was passed because it was better for society, and particularly for children,” he said.

The bill will be sent to the House for consideration.