Bill would strike discriminatory laws, establish a permanent commission to recommend outdated legislation for repeal
(BOSTON–1/18/2024) Today, the Massachusetts Senate unanimously passed legislation to modernize the Commonwealth’s laws and strike outdated and non-inclusive statutes that are discriminatory against LGBTQ+ individuals in the state.
S.2551—An Act relative to archaic laws—would remove archaic laws that intrude on an individual’s privacy regarding sexual activity. The bill 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+. Terms struck include terminology such as sodomy, “unnatural or lascivious” sex acts, and “common nightwalkers”. In some cases, the language that this bill would strike from the General Laws dates back into the 1800s.
Additionally, the bill would establish a permanent law revision commission to examine common law, statutes and judicial decisions to identify anachronisms in the law and recommend needed reforms; receive and consider proposed changes; recommend changes in the law to align with modern conditions; and make recommendations to improve the openness and accessibility of state laws.
“Fewer things give me greater pride than leading a Senate that has spent years at the forefront of LGBTQ+ rights, and living in a Commonwealth where we proudly embrace every individual for who they are,” Senate President Karen E. Spilka (D-Ashland). “But while our values have changed for the better, sometimes the letter of the law has not. I am tremendously grateful for Senator Brownsberger’s diligent and painstaking work to ensure that our laws reflect the inclusive values of Massachusetts as we live them today, and creating a mechanism for removing laws that are no longer acceptable or relevant. I extend my sincere thanks to Chair Rodrigues and Chair Eldridge for their support through the committee process.
“This bill sends a message that Massachusetts is a place that cares about the freedom of individuals,” said Senator Willian N. Brownsberger (D-Belmont), President Pro Tempore of the Senate. “I look forward to working with my House colleagues to get this on the Governor’s desk.”
“It’s highly important to have our existing laws and language contained therein reflect the current times we live in. The creation of a permanent law review commission will go a long way towards abolishing archaic laws from the Massachusetts General Laws,” said Senator Michael J. Rodrigues (D-Westport) Chair of the Senate Committee on Ways and Means.
“The commission created by this bill is essential as we continue to make progress on key policy areas and see the law change over time here in Massachusetts,” said Senator James B. Eldridge, Senate Chair of the Joint Committee on the Judiciary. “This bill will repeal laws that are outdated and negatively affect the LGBTQ+ community, and I look forward to the proposals that will come from this committee as they ensure our laws are clear of contradictions, are constitutional, and ensure all of our rights are upheld.”
“Repealing homophobic and transphobic language in state law helps to build a safer and more inclusive Commonwealth,” said Senator 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 Chapter 272 of 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.”
Many of the laws addressed have not been enforced for many years due to superseding state and national law, court rulings, and Massachusetts’ decades-long transformation into a Commonwealth that welcomes all individuals regardless of sexual orientation or gender identity. The bill’s passage comes nearly a year and a half after the Supreme Court’s decision in Dobbs v. Jackson, in which Associate Justice Clarence Thomas suggested, in a concurring opinion, that the Court could revisit case law banning the criminal prosecution of sodomy.
The bill won praise from LGBTQ+ advocates around the Commonwealth.
“We are relieved and excited to see this legislation pass,” said Tanya V. Neslusan, Executive Director of MassEquality. “The Commonwealth prides itself on being a progressive, inclusive state and in that spirit, having the outdated legislation outlawing sodomy and referring to adult sexual activities as ‘unnatural acts’ stricken from our books makes Massachusetts a safer, more inclusive place for all of our residents and visitors, especially those who are a part of the LGBTQ+ community.”
During the debate, the Senate adopted an amendment from Senator Becca Rausch (D-Needham) striking a law banning blasphemy. Today’s passage marks the second consecutive session in which the Senate has acted to modernize the Commonwealth’s laws to make them more inclusive.
Having been passed by the Senate, the legislation now moves to the Massachusetts House of Representatives for consideration.
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