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Are Old Laws Funny or Dangerous?

Massachusetts has some old morality laws about cursing and other no-nos. Is it time to clear the books?

 

Massachusetts is famous for its out-of-date laws. The Boston Globe cites a few, like a cursing ban at sporting events. But there are other laws, passed more than 100 years ago, which could complicate present-day political and legal dilemmas.

But the old laws sometimes have a major effect on modern-day issues. State Rep. Byron Rushing, D-South End, reminded the Globe that former Gov. Mitt Romney used a 1913 law about residency rules to prevent out-of-state gay couples from marrying in Massachusetts. That old law was scrubbed from the books in 2008, five years after it was cited by Romney.

The 19th-century anti-abortion laws are a particularly thorny issue, according to the Globe. They may be relics of a time past, but they didn't stop the Essex County District Attorney's office from charging a woman using an 1845 statute in a 2007 case.

What do you think? Does the state need to clear out all these antiquated laws from the books, or is this a low priority for the legislature this year? Do the laws add quirk and humor to the commonwealth, or are they an embarrassing reminder of a less tolerant time? Tell us in the comments below.

Related Topics: Massachusetts Laws and Massachusetts gay marriage laws

Adam Maleson

5:25 am on Saturday, January 5, 2013

We need to seriously consider what is the meaning of government and of laws.
In this time when laws are shifting so radically, not because any fundamental facts have changed, but simply because differently accepted standards in our society have become more prevalent, there is a need to pause and ask ourselves many questions.

Why should there even be laws, and why should we feel obligated to live according to rules made by people who have been dead before any person alive to day was born. If laws based on moral standards get changed or repealed, does that mean morality changes? Does that mean the people who were sent to prison in the past for breaking the old laws become retrospectively innocent citizens who were punished for doing something natural and ok? Do we then owe an obligation to the memory of those people in the past to retroactively pardon them of wrongdoing, if our modern society decides that what they did before we were born never really was wrong in the first place?

If morality is really so flexible that all we have to do is change the law and suddenly what was considered shocking before is now considered completely acceptable, then that should at least make us less willing to rush to the stance of moral indignation toward those who break current laws, knowing that a future act of legislation could reverse the supposed moral outrage just as easily.

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GB

9:47 am on Saturday, January 5, 2013

Years ago when most business closed down on Sunday's, families socialized with each other during Sunday dinners. Morality and the country was in much better shape than it is today. Look what has happened to morals, families and the country since those Sunday Blue Laws were changed.

John DiMascio

7:56 am on Saturday, January 5, 2013

The case in which 1845 statute was used is very different than abortion. According to the Eagle Tribune, the child was born only to die 4 days later.

So the question here is, did the young woman see that the live child got medical treatment. It lived for 4 days so it had some kind of viability. If she didn't see that the child got medical attention, then she's guilty of negligent homicide. If she did see that the child got medical attention, then she's not guilty of anything under the law.

As much as I'm pro-life and believe abortion is murder and ought to be illegal, it is currently considered a constitutional right. And that nullifies any old statute that happens to be on the books.

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Keith Wilson

8:59 am on Saturday, January 5, 2013

"Just in October in Virginia on the Jackson River a court decided that it was trespassing for a couple of anglers to get out of their boat to wade fish barring them from ever fishing that stretch of river again. This was a civil case where the Plaintiffs claimed they owned not only the land down to the river but the stream bed under the water as well.. This was thanks to 18th century grants from England to the Commonwealth of Virginia." The Defendants simply ran out of money to fight the charges. Mind you; if they simply stayed in their boat and didn't touch the river bottom, they wouldn't have been found to be trespassing. This can obviously pose a huge problem to Virginians who enjoy the outdoors and is another example of a no longer reasonable or applicable law.

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Rich Snow

10:34 am on Saturday, January 5, 2013

By implication you or Rep Rushing are saying that Mitt Romney acted dangerously in 2003. I was annoyed by his actions, but that doesn't make me or Mitt dangerous. Slow news day?

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J. Parker

1:55 pm on Saturday, January 5, 2013

The Globe newspaper is very biased, if anyone hasn't noticed. The Dem's will dig up any old news they can to slam the Repub's. I subcribe to it and never read the opinion page. Even the daily cartoon is biased and not at all funny. If my husband didn't like the sports pages so much, I'd dump it. Unfortunately, we are now seeing their articles, along with the Huffington Post's, in Patch.

Brian Rogers

3:56 pm on Saturday, January 5, 2013

And now for some perspective. All states have out-of-date laws. It's not at all unique to Massachusetts, Roberto. http://www.stupidlaws.katfan.com

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Aron Levy

9:00 am on Sunday, January 6, 2013

J Parker, if you hate the Globe so much why don't you subscribe to the much more conservative Herald? I thought you Republicans believed in a 'free market?'

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TheHam

3:52 pm on Monday, January 7, 2013

Not all laws are enforced in Massachusetts, in fact, most aren't. So what will doing away with certain laws do? Nothing.

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