MA Legislature Removes Archaic Laws from Statute

BOSTON- Representative David P. Linsky (D-Natick) joined his colleagues in the Massachusetts Legislature in passing H.4770, An Act relative to reproductive health, which will remove many unconstitutional laws that remain on the books in Massachusetts.

“With reproductive freedom under attack at the federal level with the President’s appointment of Judge Kavanaugh to the Supreme Court, I applaud Speaker DeLeo for bringing this legislation to the House floor so that we can ensure that women in Massachusetts are protected,” said Representative Linsky. “This legislation will guarantee that regardless of what happens federally Massachusetts will remain a safeguard for reproductive freedom, where all who need safe reproductive care are assured they can receive it.”

Representative Linsky joins colleagues from the House of Representatives at a Press Conference following the passage of H.4770.

These archaic laws were criminal statutes that carried with them prison penalties. With rulings such as Eisenstadt v. Baird, Moe v. Sec of Admin. and Finance, and Akron v. Akron Center for Reproductive Health, the United States Supreme Court has ruled many of these laws unconstitutional.

The laws that this bill eliminates include:

• A ban on unmarried people accessing contraception
• A ban on distributing information about how to access contraception or abortion care
• A law which would punish pharmacists, doctors, and other healthcare providers for distributing contraception or performing an abortion
• A law that creates a five year mandatory minimum sentence for “procuring a miscarriage,” which was aimed at criminalizing clinicians who provide abortion care
• A requirement that all abortions provided from the thirteenth week of pregnancy onward be performed in a hospital
• A ban on adultery
• A ban on fornication

This legislation was enacted by both the Massachusetts House and the Massachusetts Senate, and is now before Governor Baker, who has 10 days to sign it into law.

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For More Information: Abigail Silverman (617) 722-2575