By Bob Katzen
Senate 40-0, approved and sent to the House legislation that would abolish some archaic laws that are still on the books in Massachusetts. These laws include prohibiting adultery, sodomy, blasphemy, “common nightwalking” and being a vagabond.
The measure also establishes a Permanent Law Revision Commission to examine the state’s laws and judicial decisions; identify defects and anachronisms in the law; and recommend needed reforms to align with modern conditions.
“When dusty and dangerous relics of a bygone era darken our laws, it creates the potential for real harm to residents today,” said Senate President Karen Spilka (D-Ashland). “We are on a path to making our laws better represent who we are in 21st-century Massachusetts. With a White House that glorifies—and seemingly longs for—the days when many Americans were discriminated against because of who they are, now is the time to make sure our state laws respect and support the rights and dignity of our residents.”
Chief sponsor Sen. Will Brownsberger (D-Belmont) said the bill would bring Bay State laws into the 21st century and align them with the fundamental principles of freedom built into our Constitution. “The bill would remove archaic laws that intrude on an individual’s privacy regarding sexual activity,” said Brownsberger. “[It] would remove existing statutes that criminalize sodomy and so-called ‘unnatural’ acts between consenting adults and make Massachusetts laws more inclusive of individuals who are LGBTQIA+. In some cases, the language that this bill would strike from the General Laws dates back into the 1800s.”
“This legislation is about respect and dignity—plain and simple,” said Sen. Robyn Kennedy (D-Worcester), Senate Chair of the Committee on Children, Families and Persons with Disabilities. “Removing archaic language and striking outdated laws sends a powerful message that Massachusetts stands with and uplifts people of all abilities, and all those who have been marginalized by harmful language and policies. Our laws should reflect our values. Today we took an important step toward justice and our committee knows there is more work to be done.”
(A “Yes” vote is for the bill.)
Sen. Patricia Jehlen Yes