Acton Church Case Of Statewide Interest

BOSTON, MA — Can public funds be used to restore Massachusetts' historic churches?

That's the question before the state's highest court Thursday in a closely watched case that could have a big impact on historic preservation in Massachusetts.

A group of Acton residents say the state's constitution bars the town from giving more than $100,000 in taxpayer-funded grants to the Acton Congregational Church to refurbish stained glass windows and identify other needs.

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The town is urging the Supreme Judicial Court to uphold a ruling from a lower court, which said the funding is appropriate because it's supporting the preservation of a historic structure, not furthering a religious purpose.

"Whether a historic resource is owned by the Town, a religious institution, a non-profit or another private party, the ravages of time are equally destructive, the need for protection is equally compelling the irreplaceable loss would be equally unforgiving," a lawyer for the town said in its brief.

Acton is being backed by preservation groups and Massachusetts Attorney General Maura Healey.

The American Civil Liberties Union is supporting the residents, who say they should not be forced to aid a religious entity with their tax dollars.

"Acton citizens may choose to support (or not support) the Church here, or any other house or worship, through personal contributions of money or other resources. The Town may not make that choice for them," an attorney for the residents said in their brief.

More than 300 projects involving religious institutions have already been funded through the Community Preservation Act, Acton's attorney said. The town argues that a ruling in favor of the residents could also threaten preservation grant funding for other nonprofit and charitable groups.

The initial lawsuit also challenged a grant to the South Acton Congregational Church, but it has since withdrawn its application for the funds.

Patch file photo