Massachusetts Senate Passes Bill for Anti-Sodomy Law Repeal
Lawrence v. Texas invalidated state-level sodomy laws as unconstitutional.However, unless a state proactively removes prohibitions on same-sex intimacy, local law enforcement authorities could choose to selectively enforce the law with the intent of targeting LGBTQ people — forcing them to expend money and energy defending themselves in court, even if the charges would ultimately be dismissed.Additionally, if the Supreme Court were to reverse its finding in the Lawrence case, those 12 states where anti-sodomy statutes have not been repealed would immediately be revived and could be used to prosecute LGBTQ people.Under Massachusetts’ anti-sodomy statute, which equates same-sex activity with bestiality, a person could be imprisoned for 20 years in prison for violating the law.A similar law punishes those convicted of an “unnatural and lascivious act” with a five-year prison sentence and a fine of up to $1,000.The anti-sodomy and “unnatural acts” laws are being targeted for repeal by some more liberal members of the state legislature, who are seeking to repeal or erase other outdated laws governing personal conduct, typically known as “morality” laws.One such law is a prohibition on “night walking,” which critics say can be used to harass individuals, especially transgender and gender-nonconforming individuals, for simply being out in public, allowing law enforcement to claim that such people intend to engage in prostitution.However, despite arguments from opponents, repealing the “night walking” law would not change other commonwealth laws declaring prostitution illegal.The Senate also added an amendment repealing a ban on “blasphemy,” a rarely-enforced statute in which Massachusetts residents are supposed to be punished