The title of the law alone is enough to make you pause.
The heading reads “Crimes Against Chastity, Morality, Decency and Good Order,” and it covers scores of crimes. Penalties for violating the provisions of this state law run from a small fine and no jail time to thousands of dollars in fines and up to five years in state prison.
It encompasses all manner of both archaic and contemporary subject matter, including a variety of sex crimes, abortion and contraception, obscene material, vagrancy and cruelty to animals.
The Legislature’s Joint Committee on the Judiciary this week held a hearing on a bill by Sen. Cynthia S. Creem that would strip over a dozen of these offenses from the law and help bring it into the 21st century.
It’s not the first time the Newton Democrat has tried to amend this statute. She filed similar measures in the past two legislative sessions, only to see them get stuck in committees, the usual burying ground for anything that the legislative leadership would rather not deal with during a given year.
The law Creem is seeking to amend is already full of holes. Some sections have been repealed over the years, others have been overturned by courts, and still others are so ridiculous or outdated no law enforcement agency is going to waste its time and resources trying to bring the “violators” to justice.
The sections that Creem wants to eliminate include laws banning adultery, fornication, blasphemy and providing information about abortion and birth control. Other sections targeted for repeal allow authorities to arrest without warrants tramps, vagrants and vagabonds.
Most of these laws come from a bygone era when there was a stricter moral code and the law was there to enforce that code. They seem almost quaint by today’s standards.
Adultery and fornication, of course, involve adults having sexual relations outside of marriage, and this is technically still illegal in Massachusetts.
Blasphemy is defined as someone who willfully blasphemes the “holy name of God by denying, cursing or reproaching God, his creation, government or final judging of the world.” The law also prohibits criticizing Jesus.
Violating this section can result in a year in jail and a $300 fine.
The law also bans anyone but a physician from providing information about abortion and birth control, and if you’re a tramp, vagrant or vagabond, watch out. You can be thrown in jail just for being poor or homeless.
Archaic laws remain in spite of court rulings
These measures remain on the books, in spite of court rulings that declare we all have a right of privacy in our interpersonal relationships and that the First Amendment not only allows us to practice our religions freely but also protects us from the imposition of others’ religious beliefs.
And courts have also said folks can’t be jailed without due process.
Considering that these laws are seldom, if ever, enforced, is there harm to let them remain the way they are?
Without question.
Having laws on the books that are unconstitutional or impossible to enforce diminishes respect for the law and can still entangle the innocent.
There are 282 chapters in the Massachusetts General Laws, with each chapter ranging from a few sections to dozens of sections, and they cover thousands of topics.
Most of them make sense, reflect the contemporary values of the people of this state and are clearly constitutional.
But these archaic laws that have little meaning in the 21st century or that have been declared invalid by a court should be eliminated.
Passage of Creem’s bill wouldn’t address all such anachronisms, but it would be a good place to start.