By Bob Katzen

The Senate 39-0, approved and sent to the House a measure that would repeal several archaic laws, still on the books in Massachusetts, which many people no longer see as criminal and/or may be unconstitutional.

The bill would repeal archaic laws that intrude on an individual’s privacy regarding sexual activity by removing the statute that criminalizes sodomy, removing language that criminalizes “unnatural” acts and removing language pertaining to “common nightwalkers.” It would also establish a permanent law revision commission and leaves in place statutes prohibiting prostitution and statutes prohibiting sex with animals.

“This bill sends a message that Massachusetts is a place that cares about the freedom of individuals,” said Senate sponsor Sen. Will Brownsberger (D-Belmont). “I look forward to working with my House colleagues to get this on the governor’s desk.”

“Repealing homophobic and transphobic language in state law helps to build a safer and more inclusive commonwealth,” said Sen. Julian Cyr (D-Truro). “In Massachusetts, we take pride in being a welcoming state, and our laws must reflect our values. The archaic and discriminatory language found in … the General Laws dates back to 1887 and historically was deployed to criminalize LGBTQ+ people. By removing harmful, homophobic and transphobic language from our statutes, we ensure the letter of the law promotes equity and justice for all.”

“I filed this legislation with Rep. Lindsay Sabadosa to modernize the commonwealth’s statutes to better codify the social progress that has been made and have our laws reflect our values,” said Rep. Jay Livingstone (D-Boston) who along with Sabadosa filed an earlier version of the bill in the House. “The law revision commission is particularly important to ensure that Massachusetts statutes do not have discriminatory laws that infringe on … civil liberties. Given the current political climate around the country, we can no longer assume that some archaic laws are not enforceable.”