Massachusetts Senate

Massachusetts is taking a progressive step amidst a wave of anti-LGBTQ+ legislation in other states. The state’s senate unanimously passed a bill that aims to repeal the ban on gay sex and the “walking while trans” law. Even Republican members in the chamber voted in favor of this legislation. The bill specifically targets the state’s criminal code that criminalizes “the abominable and detestable crime against nature” and “unnatural and lascivious acts with another person.” The proposed changes eliminate the “crimes against nature” law entirely, emphasizing that the part about “unnatural and lascivious acts” pertains only to those performed in public.

While the existing law cannot be used to prosecute private, consensual gay activities due to state court decisions and the U.S. Supreme Court’s 2003 ruling in Lawrence v. Texas, the legislation seeks to formally remove these outdated provisions. Additionally, the bill addresses language in the criminal code that bans “common night walkers, common street walkers, both male and female,” which critics argue has been used to target and harass transgender individuals in public spaces, particularly under the pretext of them being sex workers.

The legislation acknowledges the stigmatizing impact of referring to someone as a “common night walker” based on their visibility as queer or trans. Furthermore, the bill aims to repeal a third law that currently bans blasphemy. Advocates of the legislation, such as Tanya Neslusan of MassEquality, express optimism about the bill’s passage in the Massachusetts House of Representatives. They emphasize that the removal of these discriminatory and outdated laws is a positive step toward promoting inclusivity and protecting the rights of LGBTQ+ individuals. The bill’s unanimous support in the state senate reflects a bipartisan effort to modernize legal frameworks and ensure equal treatment for all residents.

Repurposed article originally published in LGBTQ Nation