Two statues of Catholic saints will remain off of a Massachusetts city’s new public safety building for the foreseeable future now that the state’s highest court has upheld a lower court order prohibiting them from being erected.
The Massachusetts Supreme Judicial Court ruled Thursday that the $850,000, 10-foot-tall bronze statues of St. Michael and St. Florian are so closely allied with Catholicism that putting them on a public building would amount to “government preferential treatment of a particular religion,” thus violating the state constitution.
“The likelihood that these statues of religious figures closely associated with the Catholic faith could be viewed by the public as endorsement of a particular religion, and thus subordination of others, is enhanced by the fact that the statues are not part of a larger collection of statues and monuments that includes nonreligious ones, or statues of figures of particular importance to other religions,” the state’s highest court said in a 34-page decision.
The unanimous court upheld a preliminary injunction on behalf of a dozen residents of the city of Quincy who object to the statues, which are currently in storage in a town south of Boston.
City officials have argued that the statues have secular purposes because the city is attempting to honor police officers, whose patron saint is St. Michael the Archangel, and firefighters, whose patron saint is the early Roman martyr St. Florian. Lawyers for the city have also argued that while both figures are Catholic saints, they are also honored by other religious traditions.
Jessie Rossman, legal director at the ACLU of Massachusetts, which brought the initial lawsuit, praised the decision of the state’s highest court.
“Here in Massachusetts, our state constitution is clear: The government must remain neutral in matters of religion and must not elevate one faith above others. With today’s landmark ruling, the Supreme Judicial Court affirms those principles, which are the essential foundation of a pluralistic society where people of all faiths and no faith can flourish,” Rossman said in a written statement.
Rachel Laser, president and chief executive officer of Americans United for Separation of Church and State, called the decision “a win for religious freedom and church-state separation.”
“Police and fire services are for all Quincy residents, regardless of their religious belief. By trying to install large religious statues in front of the government building dedicated to public safety, [Quincy] Mayor [Thomas] Koch and the city are violating the constitutional promise of church-state separation and sending a message to all who rely on city services that one faith is favored over all others,” Laser said in a written statement.
The decision sends the case back to a state superior court, where a judge has already ruled that the plaintiffs have a high likelihood of succeeding. But it also sets up a potential appeal to the U.S. Supreme Court — as the National Catholic Register, the sister partner of EWTN News, reported in April — if the city’s mayor decides to go that route.
“This ruling is disappointing but is only preliminary,” said Joe Davis, senior counsel at Becket law group and lead attorney for the city.
“Quincy chose these statues to honor the courage and sacrifice of its firefighters and police. The City should not have to hide public art simply because some people may think of religion when they see it,” Davis said in a written statement. “As the Court noted today, this is not the final word for these statues, and we will continue defending Quincy’s right to honor its heroes.”
Koch, who chose the statues and authorized them quietly before a local newspaper reported their existence, also implied that the city will continue its legal fight to erect the statues.
“Quincy’s firefighters and police put their lives on the line for this city every day, and these statues were chosen to honor their bravery, service, and sacrifice,” Koch said in a written statement. “This decision is disappointing, but it is preliminary, and we will continue to fight for the ability to commemorate our first responders as the law permits.”
This story was first published by the National Catholic Register, the sister partner of EWTN News, and has been adapted by EWTN News.
Leave a Reply
You must be logged in to post a comment.