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24 Things That Used to Be Illegal in America

Society is always changing, and as a result, we often look back on old laws and are baffled by what we see. Sometimes, we can see the popular opinion swing so much in just a few years that we’re amazed when we think back on how things were just 5 years prior. The further we get from present-day, the more significant the differences. If we can change as much as we have in the past 5 years, the amount we change in 20, 50, or 150 years is huge.

Because of this, we can look at the standard things in our day-to-day lives, things that we have never even blinked at, and we’re surprised that they used to be illegal for reasons we now see are clearly crazy and illogical. People change, morals change, and ideals change, so the things we once valued are replaced by other values. This isn’t a bad thing, and sometimes it lets us look back on our past with fresher eyes than what we can look at the present with. As they say, hindsight is 20/20, and these weird things that used to be illegal prove that.

Pinball Machines

Pinball Machines

New York City, a city where anything goes, once hated pinball machines.

In the ‘40s, they were seen as gambling machines produced by the Chicago mafia that used materials that would be better served making weapons to use in World War II.

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Fortune Telling

Fortune Telling

Fortune Telling is only considered illegal when someone tells your future for profit, not when it’s used for entertainment purposes.

Enforcement used to be much stricter, but now, this crime is often not prosecuted.

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Bathing Suits

Bathing Suits

Various bathing suit decency laws have been enforced in America's history but never in a consistent manner or at a federal level.

For example, Queens hired 20 women dubbed "sheriffettes" in the 1920s to ensure that swimwear at Rockway Beach was sufficiently modest. You don't have to dig deep to find plenty of stories of municipalities wasting everyone's time and money with ridiculous investigations like these.  

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Dancing

Dancing

Yep, Footloose was real. Sort of. It was based on a real town in Oklahoma that prohibited dancing. 

The ban was put in place because, “No good came from dancing.” The horrors of dancing were preached from the pulpit, and by golly, they made the public want nothing to do with any funky music.

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Alcohol

Alcohol

In 1920, the United States banned alcohol via the 18th Amendment. Bars went underground, forming exclusive clubs called Speakeasies, and the Roaring Twenties ensued.

The prohibition was obviously very effective--especially considering it was repealed by the 21st Amendment.

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Birth Control

Birth Control

Although the FDA approved birth control in 1960, doctors could not prescribe it. In 1965, the laws loosened a little when the Supreme Court made it legal for married women.

It eventually became open for all women, which has allowed them to have more control over when they have children. Most importantly, it gave us Loretta Lynn's hit 1975 song, "The Pill." 

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Camels on Highways

Camels on Highways

Apparently, Nevada used to have a camel problem, so it became illegal to ride yours down the road. It’s doubtful that it’s still a problem in this day and age.

Honestly, it feels doubtful that it was ever a problem, but here we are with a law about it. Most people seem to have upgraded to cars. 

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Interracial Marriage

Interracial Marriage

Interracial marriage was illegal up to 1967 thanks to a patchwork of state laws against it. Until that point, straight couples could marry, but only to people of the own race.

It was sad but not all that surprising.That all changed with the Supreme Court decision, Loving v. Virginia, which declared these state laws unconstitutional. 

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Sunday Business

Sunday Business

Thanks to the American "Blue laws" of the past, most business was prohibited on Sundays. Although the Supreme Court has ruled these laws are constitutional, many have been repealed as municipalities have decided that their cynical love of Jesus is trumped by a cynical love of money.

However, some Blue laws remain on the books, especially in terms of car or alcohol sales on Sundays. 

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Segregation

Segregation

The Jim Crow laws are probably the most infamous segregation laws this country has known. They came into effect in 1877 and stood until the mid-60s, when the civil rights movement knocked them down.

These laws prevented African Americans from having access to the same things that white Americans did, even differentiating between water fountains.

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Women’s Suffrage

Women’s Suffrage

Before 1919, women in America could not vote. They had no say in the way their society was run, and this lead to a lot of oppressive leadership forced on them.

Several attempts at giving women suffrage had been attempted in the 1800s, it wasn't until the passage of the 19th Amendment in 1919 that women recieved the right to vote. 

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Not Standing for the National Anthem

Not Standing for the National Anthem

When “The Star-Spangled Banner” became the national anthem in 1916, Baltimore passed a law requiring musicians to stand while playing it. It was misinterpreted, and the city was outraged that they were legally obligated to stand at the whims of any nearby patriotic musicians.

 

Ironically, it’s now standard for people to stand when we hear the National Anthem. So much for resisting those evil, manipulative musicians who want to make us stand at random times.

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Not Registering as a Communist

Not Registering as a Communist

Membership in the Communist Party or support for Communist ideals used to be illegal in America. The Communist Control Act went into effect in 1954 because of the fear the United States had about growing communist movement in Eastern Europe.

That being said, the Act was met with controversy, and there are no records of it ever actually being enforced. 

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Marijuana

Marijuana

Although marijuana is largely still illegal at the federal level, over half of states in the USA now have laws legalizing medicinal or recreational marijuana.

This is one of those trends that really snuck up on us--15 or 20 years ago, legalization laws like these would have been unthinkable in most places. 

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Abortion

Abortion

In 1973, abortion became legal because of the Supreme Court decision in Roe v. Wade. This ruling has clearly polarized feelings on both sides, as this is one battle that continues to play out in courts and the culture at large today. 

Only 4 states had codified this statute prior to Roe v Wade. Following this case, the number increased to 21 states and the District of Columbia.  Judy Chu introduced the Women's Health Protection Act in 2021, which would include abortion rights under federal law. The Senate turned down the bill despite the House of Representatives passing it.

Dobbs v. Jackson Women's Health Organization decided in 2022 overturned Roe v. Wade, abolishing federal protections for abortion. This ruling stated that individual states should be in charge of their abortion legislation, and subsequently, more people should be involved in a woman's right to her body.

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Drinking on Election Day

Drinking on Election Day

It used to be illegal to purchase alcohol in Kentucky on election day, specifically when the polls were open. This law was repealed only a few years ago, back in 2013.

Now at least you can be drink when forced to choose between two candidates you hate. It's the simple things in life. 

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Buying Cold Beer

Buying Cold Beer

Mississippi used to prohibit buying cold beers. Well, they used to prohibit all beer, and allowing the sale of warm beer was actually a step towards giving customers what they wanted.

They prohibited selling cold beer so that people would be less likely to buy beer and drink it while they're out and about. This law was repealed in 2013.

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Embellishing the National Anthem

Embellishing the National Anthem

For years, an obscure law in Michigan has prevented people from really belting out the United States national anthem by stating that it be performed "without embellishments."

This same law also prohibited dancing to the Star Spangled Banner--although we can't imagine a scenario where that would actually happen. 

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Premarital Relations

Premarital Relations

Times are a changin’, and this is a big one. It used to be illegal for you to have "bonds" with anyone other than your spouse.

It’s kind of odd to think that a society with this in nearly every TV show once hid it under the blanket.

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Cross-dressing

Cross-dressing

In the mid-nineteenth century, it became fairly standard to see laws put in place that prevented people from dressing in clothes “not belonging to his or her” gender.

 It’s weird to think that people got so up in arms about something that has no negative consequences.  

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Minority Voting

Minority Voting

Before the Civil War, it was incredibly difficult (and outright impossible much of the time) for black people to vote. With the passage of the 15th amendment, black men were given voting rights, but in practice this was not always the case--and something similar happened with black women and the 19th amendment.

Southern states would frequently enact laws that didn't technically disenfranchise voters by race but would do just that in practice. Thanks to several Supreme Court decisions and laws passed during the Civil Rights era, these state voting laws were eliminated.   

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Not Living with Your Spouse

Not Living with Your Spouse

New Haven Puritan laws required that married couples must live together.

In the days before divorce was generally accepted, there were almost no means of escaping your marriage, no matter how bad it was.

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Women Owning Property

Women Owning Property

Before 1835, women in many states were not allowed to own property.

Even after 1835, women’s ability to own property was finicky and largely dependent on her husband.

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