The Law is a Rough Draft: 10 Times Common Sense Had to Sue the Government

A broken judge's gavel on top of old papers, representing the fight to overturn common-sense-defying laws.

The law is not a set of stone tablets. It is a messy, human document. Sometimes, it is written by people who weren’t paying attention – or worse, people who were.

We like to think the legal system is built on logic. But every so often, a case comes along that proves the “justice” system is actually a series of glitches waiting for a brave person to hit the reset button.

Here are 10 times the law broke common sense – until someone decided to fix it.

1. The “Rape Alimony” Law (California, 2012)

Crystal Harris was raped by her husband. He went to prison. Then a judge ordered Crystal to pay him $1,000 a month in alimony. The judge cited the law and said he was bound by it. He even reduced the amount from $3,000 because of the circumstances. Crystal didn’t want a discount. She wanted justice. She marched to Sacramento, flipped the script, and helped pass AB 1522. Now, in California, survivors don’t have to pay their rapist. Period.

2. The “Ugly Laws” (Various Cities, 1974)

In many American cities, it was once illegal to appear “unsightly” in public. If you were disabled, “maimed,” or “deformed,” you could be fined for simply existing on a sidewalk. These laws lingered until the mid-1970s. Disability rights activists deliberately challenged them, and the last of these laws was repealed in Omaha in 1974.

3. The “Bedroom Police” (Texas, 2003)

Until 2003, Texas had a “Homosexual Conduct” law. Police could arrest people for private acts in their own homes. John Lawrence was arrested in his Houston apartment. He fought the charge all the way to the Supreme Court – and won. The government was finally told to stay out of the bedroom.

4. The “Gay Panic” Defense (California, 2014)

For decades, killers could seek lighter sentences by claiming they “panicked” upon discovering a victim was LGBTQ+. It was a legal loophole that excused hate. California became the first state to ban this “defense” in 2014. Michigan and Minnesota were two of the most recent additions to the list, passing their bans in 2024. In 21 states plus Washington D.C., your identity can no longer be used as a legal excuse for violence – but in 29 states, the loophole still exists.

5. The Felony of a Marriage License (Virginia, 1967)

Mildred and Richard Loving were arrested in their sleep. Their crime? Being married – he was white, she was Black. Sixteen states considered this a felony. The Lovings spent nine years fighting for the right to live together. In 1967, the Supreme Court finally admitted the law was wrong.

6. The “Spousal Rape” Loophole (Nationwide, 1993)

For most of U.S. history, it was legally impossible to rape your spouse. Marriage was seen as “permanent consent.” By 1993, every state had removed this exemption – but California didn’t fully close certain sentencing loopholes until 2021.

7. The “Tampon Tax” (Ongoing)

Some groceries are necessities. Certain medications are necessities. But menstrual products? For decades, they were taxed as “luxuries.” 29 states and Washington D.C. have repealed this tax since 2016, finally acknowledging that biology isn’t a luxury.

8. The “Adultery Homicide” (Texas, 1973)

Until 1973, Texas law said a husband was “justified” in killing a man caught with his wife. A wife committing the same act? That was first-degree murder. The law finally caught up to the 20th century: “honor killings” are simply killings.

9. The “Widow’s Tax” (Nationwide, 2020)

For years, military widows lost part of their benefits if they received other VA support – essentially penalizing them for receiving what was owed. After 18 years of lobbying, Congress finally ended this dollar-for-dollar reduction in 2020.

10. “Katie’s Law” (New Mexico, 2006)

Katie Sepich was murdered in 2003. Her killer was arrested for a different crime months later, but his DNA wasn’t taken because he hadn’t been convicted yet. He walked free for three more years. Her parents fought to change the law so DNA is now collected at arrest for violent felonies – a standard adopted by the federal government and 31 states.