How are the listed rights different in Massachusetts than in the U.S. Constitution?
In Massachusetts, individual rights are protected by both its state constitution and the U.S. Constitution. Some of the fundamental rights listed in the Massachusetts Constitution are not explicitly listed in the U.S. Constitution or the Bill of Rights, such as the right to free public education and the right to clean water.
Additionally, Massachusetts state courts have interpreted these rights differently than federal courts. For example, the Massachusetts Supreme Judicial Court has ruled that the state constitution provides greater protections for same-sex marriage than the U.S. Constitution, and that the state constitution prohibits discrimination based on gender identity.
Overall, while there is some overlap in the protection of rights between the Massachusetts Constitution and the U.S. Constitution, there are also unique differences in interpretation and scope.