The Bizarre ‘Zombie Laws’ Still Lurking on the Books in Massachusetts

Relax, all you zombies: it is completely legal to be among the living dead in Massachusetts. However, there are a bunch of "zombie laws" you should know about.

Flesh-eating dead people are okay, but according to Massachusetts General Laws Chapter 272, Section 86, you can't keep a horse, mule, or donkey on the second floor or higher of a building in Massachusetts unless the facility is located within a city or the building is equipped with at least two separate exits. That must have made sense to someone at some point.

That is an example of a zombie law. But what exactly is a zombie law?

What Is a Zombie Law in Massachusetts?

"There is a phenomenon known in legislation when there are laws on the books that have been declared unenforceable by a court," said Maureen "Molly" Brady, the Louis D. Brandeis Professor of Law at Harvard Law School. "The term for these is 'zombie laws' – the idea being that these laws might come back, might reanimate, if, for instance, the court changes its position."

Massachusetts' Zombie Laws Don't Actually Outlaw Zombies

Zombie laws are old, unrepealed statutes or constitutional provisions that remain on the books even though they have been rendered unconstitutional, superseded by federal law, or made entirely obsolete.

Examples of Bizarre Massachusetts Zombie Laws Still on the Books

The Massachusetts Legislature has made progress cleaning out some of the old zombie laws. Many remain, including the state's Blasphemy Law, the Anti-Sodomy and "Unnatural Acts" Laws, the Cohabitation After Divorce Law, and a vast collection of Blue Laws.

Attention, musicians who might be called upon to sing or play the national anthem: The Musical Desecration Law, a zombie law, makes it a criminal offense in Massachusetts to use "The Star-Spangled Banner" as dance music, an exit march, or part of a musical medley.