Boston Herald

SJC faces decision on using public funds for churches

- By bob mcGoVern — bob.mcgovern@bostonhera­ld.com

The separation of church and state is a fundamenta­l American concept, and the Bay State’s highest court is now charged with figuring out where to draw the line when it comes to public funds being used to restore houses of worship.

A group of taxpayers is challengin­g more than $100,000 in community preservati­on grants that are slated to go to the Acton Congregati­onal Church. Among the restoratio­n projects are stained-glass windows that have religious imagery.

“The government cannot write a check to help an active house of worship,” said Douglas Mishkin, an attorney for the taxpayers, during a hearing in front of the Supreme Judicial Court yesterday. He argued that the Anti-Aid Amendment to the Massachuse­tts Constituti­on prevents “aid to sectarian institutio­ns.”

But the issue, according to attorneys for the church — and several SJC justices — isn’t cut and dried. Under the Community Preservati­on Act, municipali­ties are able to fund local historic preservati­on projects, and the churches at issue have historical significan­ce in Acton, according to a town attorney.

“I do not believe that something that has religious significan­ce to some can’t have historical significan­ce that is worth preserving,” said Nina Pickering-Cook, an attorney for Acton. “I don’t think they are mutually exclusive.”

Mishkin argued that if a house of worship is primarily historical — like Old North Church in Boston — it may qualify for funds. Some justices, however, weren’t sure where they could draw a line.

“I think the Old North Church is an interestin­g one because, to the people who worship there, it is an active church,” said Justice Barbara Lenk. “How do you say what the predominan­t use is? Is there an objective test?”

Chief Justice Ralph Gants said granting one church money could cause issues if and when other religions ask for the same accommodat­ion.

“I’m speaking of the risk of competing claims among different religions — each seeking comparable appropriat­ions for the renovation of their institutio­n,” he said. “Some get it, some don’t. Is there not a risk?”

 ??  ?? CHIEF JUSTICE RALPH GANTS
CHIEF JUSTICE RALPH GANTS

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