Civil liberties groups say the plan violates state constitution, separation of church and state
A multifaith group of Quincy, Massachusetts residents and taxpayers filed a lawsuit today in Norfolk Superior Court to halt the planned installation of two large religious statues at the entrance of the city’s new public safety building. The plaintiffs are members of diverse faiths who do not want their government officials and publicly-owned property to promote specific religious beliefs. Their lawsuit explains that the plan — conceived and spearheaded by Mayor Thomas Koch — promotes one religion over others, and religion over nonreligion, violating the Massachusetts Constitution.
The plaintiffs are seeking a preliminary injunction that would prevent the City from proceeding with its unconstitutional plan during the pendency of the lawsuit. They are represented by the American Civil Liberties Union of Massachusetts, the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation.
“This isn’t about opposing anyone’s faith — it’s about keeping government neutral so that everyone, regardless of what they believe, feels equally welcome and protected,” said plaintiff Gilly Rosenthol. “No one should have to walk past giant religious monuments just to access a public safety building. That sends the wrong message about who our city serves — and who it doesn’t.”
In early February, the Patriot Ledger published the first report about Mayor Koch’s plan to display two ten-foot-tall bronze statues of Catholic saints outside the entrance of Quincy’s new public safety building, which will house the Police Department’s new headquarters. According to the lawsuit, the mayor had already commissioned the statues — with a cost to taxpayers of at least $850,000 — by the time the plans were uncovered by local media. Although the City Council voted numerous times to approve funding for the new public safety building, Mayor Koch’s plan was never presented or discussed at those meetings, and the public was never given an opportunity to weigh in on it. At a council meeting later that month, the mayor’s staff dismissed all concerns about the cost, transparency, and legality of the plan.
In the weeks following news of the religious statues, multiple groups wrote letters to the mayor and City Council — including the ACLU of Massachusetts, Americans United, and the Freedom From Religion Foundation — raising serious constitutional concerns. In addition, a group of local faith leaders from the Quincy Interfaith Network issued a statement objecting to the plan.
"Mayor Koch has made the costly decision to proceed with the unlawful plan to install two larger-than-life statues of Catholic saints at the entrance to a public building in Quincy,” said Rachel Davidson, staff attorney at the ACLU of Massachusetts. “This plan was conceived and implemented without public input and with total disregard for the concerns raised by constituents and local faith leaders. The statues send a message that the Quincy government favors one faith above all others. This flagrantly violates our state constitution.”
“The City has abandoned its constitutional duty to remain neutral on matters of faith,” said Heather L. Weaver, Senior Counsel for the American Civil Liberties Union. “The new public safety building will be home to many critical government services, but the moment they walk in the door, Quincy residents who do not share the City’s favored religious beliefs will get the message that they are not welcome.”
“Mayor Koch is abusing the power of his government office to impose religious beliefs on all Quincy residents,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “The core principles of church-state separation and religious freedom promised in the Massachusetts Constitution require government buildings and other public spaces to be inclusive of people of all religions and none. By installing religious statues in front of the government building dedicated to public safety, Koch and the City are violating that promise and sending a message to all who rely on city police and fire services that one faith is favored over all others.”
“This is a clear breach of the constitutional wall of separation,” says FFRF Co-President Annie Laurie Gaylor. “Quincy taxpayers should not have to foot the bill for an ostentatiously specific religious display.”
The lawsuit alleges that the planned religious statues violate Article 3 of the Massachusetts Declaration of Rights by imposing religious symbols upon all who work in, visit, or pass by the public safety building; by conveying the message that Quincy is exclusively a Catholic community and that non-Catholics do not belong or are less valued; and by excessively entangling the City with religion.
For more information on Fitzmaurice et al. v. City of Quincy, visit: https://www.aclum.org/en/cases/fitzmaurice-et-al-v-city-quincy
For more information about the ACLU of Massachusetts, visit: https://www.aclum.org/
For more information about the ACLU, visit: https://www.aclu.org/
For more information about Americans United, visit: https://www.au.org/
For more information about Freedom From Religion Foundation, visit: https://ffrf.org/