Senate Scrubs Offensive Language from State Law, Acts to Repeal Discriminatory Statutes

 Senate Scrubs Offensive Language from State Law, Acts to Repeal Discriminatory Statutes

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bills to bring Massachusetts laws into the 21st century by removing offensive language from state statute and repealing outdated, unconstitutional laws that hamper civil rights.

 

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 Other outdated references such as ‘handicap’ or ‘needy’ to describe people with disabilities are also erased from the law.

 

The Senate also passed An Act relative to archaic laws, which repeals outdated statutes that criminalized acts now understood to be protected under the Constitution.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.

 

“When dusty and dangerous relics of a bygone era darken our laws, it creates the potential for real harm to residents today,” said Senate President Karen E. Spilka (D-Ashland). “Thanks to the voices of advocates like former Senate staff member Melissa Reilly and the leadership of Senators Jehlen and Brownsberger, we are on a path to making our laws better represent who we are in 21st-century Massachusetts. With a White House that glorifies—and seemingly longs for—the days when many Americans were discriminated against because of who they are, now is the time to make sure our state laws respect and support the rights and dignity of our residents.”

 

“This legislation is about respect and dignity—plain and simple,” said Senator Robyn Kennedy (D-Worcester), Senate Chair of the Joint Committee on Children, Families and Persons with Disabilities. “Removing archaic language and striking outdated laws sends a powerful message that Massachusetts stands with and uplifts people of all abilities, and all those who have been marginalized by harmful language and policies. Our laws should reflect our values. Today we took an important step toward justice and our committee knows there is more work to be done.”

 

“Words are important. Language changes. We should use language that respects the people it refers to, and listen to them,” said Senator Patricia D. Jehlen (D-Somerville). “Fifteen years ago, a friend told State Representative Denise Provost and me how disrespected she felt being called ‘handicapped.’ We filed a bill to remove ten sections of the general laws that used that word. Over the years, we have found nearly 400 sections with offensive words, including the r-word. We have changed the names of three offices because the people they serve asked for more respectful names: the Department of Mental Retardation is now the Department of Disability Services, the Massachusetts Rehabilitation Commission is now MassAbility and the Executive Office of Elder Affairs is now the Executive Office of Aging and Independence, or AGE. But there are 362 sections of the general laws that still use offensive words. Today at last we move to replace them with language that is preferred by those it refers to.”

 

“This legislation is about dignity, accuracy, and justice. Words matter—and so do the laws we keep on our books,” said Senator Lydia Edwards (D-Boston). “By removing harmful slurs and repealing outdated, unconstitutional statutes, we are sending a clear message that Massachusetts stands firmly for inclusion, equity, and civil rights. As Chair of the Judiciary Committee, I am proud to help lead the effort to modernize our legal code and ensure our laws reflect the values of a Commonwealth that respects all people—regardless of their identity, abilities, or beliefs.”

 

“I’m grateful to all of my colleagues for their strong support for bringing our laws into the 21st century and aligning them with the fundamental principles of freedom built into our Constitution,” said Senator William N. Brownsberger (D-Belmont). “This legislation is about respecting all individuals.”

 

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.