This testimony was delivered to the State House on 5/29/99, by request of the committee on The Judiciary.

On May 25th I was asked to submit written testimony regarding House Bill number 3888 (Blasphemy) that was made on behalf of the Libertarian Party of Massachusetts. This letter is that testimony.

This bill calls for the repeal of M.G.L. Chapter 272 Section 36.

This is a dangerous law because it is a blatant violation of the First Amendment, and even though it is not currently enforced it could be enforced at any time. As an example of how it can be enforced, look at a case regarding a similar law in Michigan that occurred in January 1999. While Timothy Boomer was canoeing, his canoe capsized and in frustration he shouted some profanities. An officer witnessed this event, and saw that a mother with her children were a quarter of a mile away and might have heard the Timothy's words. The officer then arrested Timothy on a Michigan law written in 1897.

The Massachusetts law goes farther than the Michigan law. Chapter 272 Section 36 also establishes Christianity as the only recognized religion in Massachusetts. To specify, the law states, "... by denying... God, his creation... final judging of the world... Jesus Christ or the Holy Ghost, or ... the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars, and may also be bound to good behavior."

In short, this law is in violation of two provisions in the First Amendment to the Constitution of the United States of America. The provisions are "shall make now law respecting the establishment of religion" and, "abridging the freedom of speech". Therefore I ask that H-3888 be passed for the purpose of sunsetting this out of date and unconstitutional law.

For reference, I now present Chapter 272 Section 36 in its entirety:

GENERAL LAWS OF MASSACHUSETTS

Chapter 272: Section 36. Blasphemy.

Section 36. Whoever wilfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars, and may also be bound to good behavior.

I thank you for your time and consideration in this matter.