Government neutrality in matters of religion is a core principle of the Massachusetts constitution. State and local agencies must treat people of all faiths, and no faith, equally, not elevating one over another.
This principle animates the ACLU of Massachusetts' work on issues of religious freedom. It’s also the reason we have concerns about bills pending in the state legislature to create a permanent commission focused on one religion — in this case, Islam — in the Commonwealth.
With just a few days to go in the formal legislative session, the bills do not seem likely to move forward. We have received several questions about the issue, however, so we thought it would be worthwhile to share the ACLU of Massachusetts’ perspective.
Senate Bill 2134 and House Bill 3351 call for the creation of a permanent commission to promote the rights and inclusion of Muslims in Massachusetts. Among other duties, the commission would be charged with identifying and recommending Muslims for appointment to positions at all levels of government.
These bills are well-intentioned, but they are inconsistent with our state constitution.
The state does have an important responsibility to combat discrimination in all forms, including discrimination based on religion. We would not have the same constitutional concerns about a temporary commission focused on advising elected officials on responding to anti-Muslim discrimination and hate crimes. But these bills envision a far broader role for the proposed permanent commission, with some duties that raise serious questions under Article 3 of our state constitution.
At the ACLU of Massachusetts, we deeply value both inclusion and diversity, including diversity of faith. That’s precisely why we work to uphold the constitutional principle that the government cannot favor one religion over others. That principle is foundational to a pluralistic society where people of all faiths and no faith can flourish. We will continue to work to ensure that Massachusetts stays true to that vision.