The proposed definition may violate the privacy rights guaranteed students by the Massachusetts Civil Rights Act. The MCRA is an unusually broad civil rights law which applies civil liberties guarantees like freedom of speech and privacy not only to the government but also to private institutions. Among these secured rights are freedom of speech and the right to privacy. Under the MCRA, a court in 1986 ordered Boston University administrators to stop removing divestment banners hung by BU students, saying that BU could not restrict the free speech rights of its students. Abramowitz v. Trustees of Boston University.
Privacy rights are similarly applicable against universities.
Privacy rights have protected private, consensual sexual relationships against any restrictions in Massachusetts since 1974, when the sodomy laws were invalidated on the basis of privacy rights found in the Massachusetts Declaration of Rights. Prior to 1974, vindictive ex-lovers and police had periodically prosecuted partners for engaging in oral or anal sex. Consent has traditionally included not only verbal and non-verbal expressions of willingness but also passive assent. Therefore, the Task Force definition infringes on students' freedom to engage in sexual acts which are understood as consensual by Massachusetts law. The definition may also be illegal because of its sex discrimination.