Legislation strikes unconstitutional laws that criminalize blasphemy, consensual sex acts
(BOSTON—07/24/2025) The Massachusetts Senate today passed two separate bills to bring Massachusetts laws into the 21st century by removing offensive language from state statute and repealing outdated, unconstitutional laws that hamper civil rights. Senator Cindy F. Friedman (D-Arlington) voted in favor of both measures.
One piece of legislation, An Act amending certain laws relative to individuals with disabilities, strikes the ‘r-word,’ a derogatory slur for people with disabilities, out of state law in the dozens of instances where it currently appears. This includes renaming an entire chapter of law that prominently includes the r-word.
The bill, S.137, also builds person-first language into state law, prioritizing terminology like ‘person with a disability’ that places the individual first. Other outdated references such as ‘handicap’ or ‘needy’ to describe people with disabilities are also erased from the law.
The Senate also passed An Act relative to archaic laws, which repeals outdated statutes that criminalized acts now understood to be protected under the Constitution. This update includes the repeal of centuries-old laws that criminalized sodomy as a ‘crime against nature’ and so-called ‘unnatural’ acts between consenting adults. The criminalization of sodomy, which was punishable by up to 20 years in prison, was used to discriminate against LGBTQ+ residents in the past. Any remaining sodomy laws in the United States were invalidated by a U.S. Supreme Court ruling in 2003.
The bill also creates a panel of experts—including bipartisan appointees from the Legislature, the executive branch, prosecutors, and public defenders—would search for any defects or anachronisms in state laws, aided by suggestions from the Judiciary and other officials. The commission would report proposed fixes to the Legislature at the close of every term.
The archaic laws bill, S.1034, would also repeal the 18th century law that calls for punishment of up to one year in jail for a person who utters a blasphemy, something now acknowledged to be covered under the fundamental freedoms of speech and religion. Moving forward, a permanent commission of experts established under this legislation would conduct periodic reviews to ensure state laws remain as up-to-date as possible.
“We must ensure that the language we use in our laws reflects the Commonwealth’s values—respect, dignity and inclusivity—and doesn’t detract from them,” said Senator Friedman, Chair of the Senate Committee on Steering and Policy. “ We have the power to update outdated statutory language that does not represent the people of Massachusetts in 2025, and I am thankful to my colleagues who have brought these small, but important, changes forward.”
In order to better support another community of Massachusetts residents, Senators during today’s debate adopted an amendment inserting the term “deaf or hard of hearing” in several sections of state law, replacing the outdated term “hearing-impaired.” This further ensures that language in state law reflects the terminology that community members identify with.
The disabilities language bill was reported out of the Joint Committee on Children, Families and Persons with Disabilities on June 23, 2025, and was placed on the Senate Calendar for debate by the Rules Committee on July 17, 2025. Votes of both committees are available online, along with a full summary of the legislation. The archaic laws bill was reported favorably by the Joint Committee on the Judiciary on June 12, 2025, and was advanced for debate by the Rules Committee on July 17, 2025. Votes of both committees are available online together with a full bill summary. A recording of the Senate’s livestreamed debate and votes can be found archived on the public website.
The Senate passed both bills on 40-0 roll call votes. The legislation now moves to the House of Representatives for consideration.
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