(BOSTON 1/22/2023) — Last week, the Massachusetts Senate unanimously passed legislation to modernize the Commonwealth’s laws and strike outdated and non-inclusive statutes that are discriminatory against LGBTQ+ individuals in the state.

S.2551 – An Act relative to archaic laws would remove far outdated laws that intrude on an individual’s privacy regarding sexual activity.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 LGBTQ+. 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.

“Massachusetts has countless outdated and offensive laws still on our books, most notably laws targeting the LGBTQ+ community. While the vast majority of these laws are no longer enforced or have been superseded by other legislation, that is not a good reason to leave them in the Massachusetts General Law,” said Senator Michael Moore (D-Millbury). “I proud of the Senate’s efforts to pass this legislation because, to live up to the Commonwealth’s promise of equal rights and equal justice under law, we must strip our legal code of language that does not reflect that promise.”

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. This bill’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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