First it was marijuana, now legislators in Colorado are trying to legalize adultery.

That’s because the Centennial State is one of 23 in the U.S. where cheating on your spouse is illegal — although there is no penalty under current law.

Also illegal in Colorado is “promoting sexual immorality,” which makes it a misdemeanor to provide “any facility” to a married person wanting to sneak off and cheat on his or her significant other.

The outdated laws were aimed at curbing prostitution during Colorado's sometimes nefarious days as a top stop in America's Wild West. Now, for the second time, Democratic state legislators are hoping to strike the law from the books. On Thursday, lawmakers in the House Judiciary Committee voted 8-3 to expunge the bill from state law.  

It now goes to the entire Colorado House for a vote.

State Sen. Pat Steadman, a sponsor of the bill, told the Denver Post, "Government has no business policing marriages." He, along with state Rep. Daniel Kagen, introduced the legislation unsuccessfully in 2011 and are attempting to do so again.

Repeal of the law would be largely symbolic. Between 2007 and 2012, there were ten cases and only two convictions of promoting sexual immortality, according to a report on the fiscal impact of the bill.

The 2011 version of the bill died in a Republican-controlled House committee when one Democrat defected.  Then-Rep. John Kefalas said at the time that he did not want to condone adultery, but also "didn't want to get involved in people's bedrooms."

Democrats have since taken control of both the House and the Senate.

The Associated Press contributed to this report