Yeah, but the economy would have collapsed because our population would have been reduced to nothing but inmates and jailers if everyone who'd committed adultery were in prison.
Not everyone is married, far fewer couples commit adultery than the left-wing would have us believe, not all who committed adultery would be caught, of those not all would be prosecuted, of those not all those would be convicted and of those the term would only be a few years, not their whole life - it would not “overlow” the prisons.
As far as being too commonly occurring of a crime, assault is a crime that’s far more common than adultery but we still keep the laws prohibiting it and it does not overwhelm prisons.
Sodomy, adultery and fornication were all crimes prior to 1962 throughout the States. In that year, the American Law Institute, an organization of lawyers, judges and legal scholars, under the guise of “standardization”, published the “Model Penal Code”. This framework was then used to bring all sorts of legislation forth in State legislatures to “standarize and update” laws. Sodomy, adultery and fornication were omitted as crimes from the Model Penal Code and this carried through into the “standardized” laws that were passed in adopting it. Of course, the American Law Institute is not an elected body and is not mentioned in the U.S. Constitution or any State Constitution, so it was a perversion of our legislative processes to allow it to have so much influence on such a significant aspect of law with societal consequences so great.
If these laws were individually put to voters to repeal, they certainly would not have been, which would have made it much more difficult for admitted sodomites to be elected to public office and to have other jobs of public trust like teaching. Sodomites would still have to largely remain “in the closet”. The level of sexual deviance in society, i.e., what is shown in the media, taught in schools, etc., would be much lower as there would be legal limits that excluded such immorality.
Decriminalization has opened the floodgates for “equal rights” and social and legal acceptance of still more deviant acts, since the Constitution requires that legal acts be allowed to happen. American culture and law is sliding down a moral “slippery slope”.