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February, 2006

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Thanks to Grassroots Action, "Church Control" Bill Dies in House

Due to the high volume of constituent calls and emails urging a "no" vote, on January 25th, 2006, House members defeated S. 1074, "An Act Relative to Charities"--an incredible turnaround. 

The bill would have abolished existing exemptions in the lawbooks protecting churches from intrusive and expensive financial reporting mandates currently applied to secular charitable organizations.  

The bill would have created serious constitutional problems by giving the state extensive oversight over the internal operations of churches and other religious entities. 

A broad coalition of groups, including the Massachusetts Council of Churches, Anti-Defamation League, Black Ministerial Alliance, numerous Jewish organizations, the Islamic Council of New England, Massachuetts Family Institute, and leadership bodies of various other faiths, joined together to oppose the bill. 

Also, it's a rare day when Rep. Byron Rushing (D-Boston), who led the fight in the House against the bill, and Republican Governor Mitt Romney, who announced just before the floor debate his intent to veto the bill, take the same position on an issue!

Calls to the State House against the bill came from concerned Catholics as well.  Before the vote, the Bishops of the four Roman Catholic dioceses individually sent letters to pastors and parish finance councils detailing their concerns about the bill and urging grassroots involvement.

Just before the Jan. 25 vote in the House, media reports had predicted the bill's passage.  It had flown through the Senate last year.  Yet, as the vote approached, legislators listened to their constituents and momentum shifted.  The surprising outcome in the House, where the bill went down by a vote of 147-3, proves that grassroots involvement is always critical in the public policy arena.

The MCC staff commends all who contacted their State Representative for a job well-done.  Your involvement was absolutely key to success!

The underlying concerns about institutional transparency that moved legislators to introduce and initially to support the bill are being addressed without the need for an unconstitutional state mandate.  In the Archdiocese of Boston, for example, Archbishop Sean O'Malley has committed to providing a full accounting of church finances before spring.  

The constitutional guarantee of religious freedom leaves to the churches and their members, not to the state, the responsibility for internal management of church operations of this sort.

Nonetheless, the debate created by the bill provided a tremendous opportunity for legislators and the public to gain a fuller appreciation of the importance of religious freedom and the necessity of preserving what the courts call "ecclesiastical autonomy" from state control. 

Churches are not above the law but the law must recognize their unique contribution to the common good, a contribution deemed so essential that alone among all the forms of "charitable organizations," religion enjoys constitutional protection. 

This week's result reaffirmed religion's vital status in our society, and for that we all should be grateful.

"Church Control" Bill Scheduled for Vote

on Jan. 25--Action Needed!

On Wednesday, January 25th, the Massachusetts House of Representatives will likely vote on a bill aimed at controlling the internal operations of churches. 

S. 1074, "An Act Relative to Charities in Massachusetts," introduced by Senator Marian Walsh (D-Boston) is touted as a "reporting" and "transparency" measure.  It does much more.

It would subject all churches and religious organizations to the same financial reporting obligations currently applied to secular, non-profit charities.  Additionally, the bill brings churches and religious organizations within the oversight of the Massachusetts Public Charities law.  These provisions allow the attorney general, with court approval, to investigate the expenditure of charitable funds.

Depending on the results of any investigation, the attorney general could reverse church decisions relating to the allocation of resources, priorities relating to ministry, clergy assignments, and the establishment or closing of parishes.

The sponsors of S. 1074 are candid about filing this bill in response to their disagreement with decisions by the Archdiocese of Boston concerning parish closings and finances.  Supporters want to use this legislation as a means of exercising contriol over the internal affairs of the Archdiocese and its parishes.  This is not the role of government!

The courts have ruled that the state and federal constitutions prohibit the state from taking sides in internal religious disputes that touch on the structure and operation of a church.  The state cannot dictate how a religion governs itself with respect to internal matters. 

As recognized by the Massachusetts Supreme Judicial Court, "religious freedom encompasses the power of religious bodies to decide for themselves, free from State interference, matters of church government as well as those of faith and doctrine."  Furthermore, according to this same court, any state requirement that has "as [its] ultimate goal, regulatory control over religious institutions," or that otherwise "seek[s] to control or influence any aspect of the [entity's] operation," violates the guarantee of religious freedom.  That is precisely what this bill would do.

By removing religious exemptions in the financial reporting laws, S. 1074 would require some churches to undergo expensive audits.   Religions would have to register with the state before they can pass the collection basket on Sundays.  The bill's supporters refer to the parish as "the local charity," thus ignoring the differences.  Again, they are using the legislation to exercise control over the operations of religious organizations.

Religion is the only non-profit category that enjoys constitutional protection, not because of its charitable work, as important as that is, but because of its essential role in nurturing the spiritual well-being of citizens.  People do not go to their local little league for pastoral guidance.  They do not call the United Way to arrange a funeral. 

Once the line separating church and state is crossed, then the way is opened for further state intrusion on the whole range of other matters dealing with church structure and organizational governance. 

That's why the bill has caused an uproar from across the spectrum of religious interests, sparking protests from Protestant, Jewish, and other congregations.  "Reporting" and "transparency" may be the selling points, but church control is the issue.

Resources (pdf): 

Archbishop O'Malley Letter;

MCC Talking Points;

MCC Letter to Sen. Walsh;

State Constitutional Law Issues; Federal Constitutional Law Issues (White Paper).

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Your action is needed ASAP.  Please email, call or write your state representative today. 

Your message can go something like this:   "I am a constituent that lives at [give your home address].  I urge Rep. ____ to vote "No" on S. 1074.  The state should not be controlling the internal operations of churches."

If you do not know who your state representative is, go to the website of the Secretary of State and enter your address to get that information.


Massachusetts Catholic Conference
West End Place, Suite 5
150 Staniford St.
Boston, Massachusetts 02114-2511
(v) 617-367-6060
(f) 617-367-2767
(e) staff@macathconf.org
(w) http://www.macathconf.org