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Sen. DiDomenico moves to eliminate outdated and offensive laws

DiDomenico’s amendment included

 

On July 24, 2025, Senator Sal DiDomenico joined his colleagues in the Massachusetts Senate to unanimously pass two separate bills that will bring Massachusetts laws into the 21st century by removing offensive language from state laws and repealing outdated, unconstitutional laws that hamper civil rights.

The Senate passed An Act relative to archaic laws, which repeals outdated statutes that criminalized acts now understood to be protected under the Constitution. Senator DiDomenico secured an amendment to this bill that would remove the crime of petit treason from the Massachusetts General Laws. Petit treason is shockingly still in our laws as a crime of killing one’s “superior,” namely an enslaved person killing their enslaver, a wife killing her husband, or a clergyman killing their superior. DiDomenico has been filing legislation and advocating to remove this language for several years.

Senator DiDomenico spoke in favor of his amendment on the Senate floor, “There are two individuals that were convicted of petit treason in the Commonwealth in 1775 — if you can believe this law has been in existence since 1775 in our state — and it happened in the district I represent today. There were two enslaved people who could no longer endure their enslaver’s severe cruelty. Each was convicted and sentenced to death. Mark was the first person, who was hanged publicly, while Phyllis, the second person, was burned to death. Petit treason is archaic and was primarily used for discriminatory purposes, and it should be stricken from the general laws. Removal of this antiquated and offensive statute is an important step towards ensuring our laws reflect our collective commitment to correcting our past history.”

This legislation also includes the repeal of centuries-old laws that criminalized sodomy as a “crime against nature” and so-called “unnatural” acts between consenting adults. In the past, the criminalization of sodomy, which was punishable by up to 20 years in prison, discriminate against LGBTQ+ residents. Any remaining sodomy laws in the United States were invalidated by a U.S. Supreme Court ruling in 2003. 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.

Additionally, the bill creates a panel of experts — including bipartisan appointees from the Legislature and the executive branch, prosecutors and public defenders — who would search for any defects or anachronisms in state laws, aided by suggestions from the Judiciary and other officials. The group would report proposed fixes to the Legislature at the close of every term.

In addition, the Senate passed An Act amending certain laws relative to individuals with disabilities, which 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.

Melissa Reilly, advocate for people with disabilities and former policy advisor to Senator James B. Eldridge, stated, “The Archaic Language Bill, S.137—An Act amending certain laws relative to individuals with disabilities—is really important because all people with disabilities should be treated and respected by others and not mocked or judged or bullied by others for their disabilities. We are all unique and deserve respect, we do not want to be known as The ‘r-word.’ We all are unique and different. People with disabilities deserve respect. We are able and capable and not disabled. We are hardworking people and we need to be respected and dedicated and have dignity. Please help us to make a difference and support this bill.”

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