An Act repealing the criminalization of blasphemy

194th Legislature (2025-2026) Introduced by Becca Rausch and 1 co-sponsor

Repeals Massachusetts blasphemy crime, removing criminal liability for blasphemous speech under Section 36, Chapter 272.

Accompanied a study order, see H5281 (under House Rule 27)

Comprehensive Summary: H 2010 — An Act repealing the criminalization of blasphemy

Overview

Bill number and title: H 2010, An Act repealing the criminalization of blasphemy.

Introduced: February 27, 2025 by Representative Joshua Tarsky (Needham) and co-petitioned by Rep. Rebecca L. Rausch.

Status and timeline: Referred to the Judiciary on February 27, 2025. The bill’s related hearing is scheduled for May 6, 2025, in Room A-2 (1:00 PM – 4:00 PM; times listed have varied in docket updates).

Legislative context: Part of the 194th General Court (2025-2026). Related House Document: HD 2048 (the version replaces the earlier text).

Purpose and intent

The bill seeks to repeal a criminal provision that criminalizes blasphemy in Massachusetts. By repealing this statute, the bill aims to remove criminal liability for statements or actions deemed blasphemous, aligning state law with broader protections for freedom of speech and religion. The proposed change is focused narrowly on the specific blasphemy offense and does not outline new offenses in its text.

Key provisions

Repeal target: Section 36 of Chapter 272 of the General Laws.

Effect: Eliminates the criminalization of blasphemy in Massachusetts. The bill does not appear to replace the blasphemy offense with an alternative criminal provision within its text; it simply removes the existing statute.

Affected parties and impacts

Individuals: Potentially reduces or eliminates criminal liability for individuals charged with blasphemy under the current statute.

Law enforcement and prosecutors: Would no longer enforce or prosecute blasphemy under Section 36 of Chapter 272.

Courts: Any ongoing cases predicated on the blasphemy offense would need to be resolved under other applicable statutes or dismissed if no other charges apply.

Public interest and civil discourse: The change removes a criminal prohibition on blasphemous conduct or speech, which could affect discussions at religious and secular institutions, media, and public forums.

Procedural and timeline notes

Introduction and sponsorship: Introduced in Feb 2025; presented by Rep. Tarsky; co-petition by Rep. Rausch.

Committee action: Referred to The Judiciary (Feb 27, 2025). Senate concurrence noted on the same date in the docket.

Hearing: Scheduled for May 6, 2025, in Room A-2 (1:00 PM – 4:00 PM; some docket entries show a 1:00–5:00 PM window as well).

Related actions: The bill is listed as House Docket No. 2010 and is associated with House Document 2048 (HD 2048) as its related or replace-for track.

Additional notes

The bill is narrowly focused on repealing a single criminal provision. It does not detail any transitional provisions, savings clauses, or changes to related speech or religious liberty statutes within its text.

If enacted, Massachusetts would no longer criminalize blasphemy under the repealed Section 36, Chapter 272.

This summary captures the essential purpose, provisions, and procedural status of H 2010 as presented in the bill text and docket information. If you’d like, I can compare this to existing Massachusetts constitutional interpretations or provide a side-by-side with any current related statutes.