State's Highest Court To Hear Acton Church Case

BOSTON - The state's highest court will tackle a legal test case by a group fighting to stop the town of Acton from using more than $100,000 in state funds to preserve an historic church in town.

In the ongoing battle over the separation of church and state, the Americans United for Separation of Church and State will ask the state Supreme Judicial Court to overturn Middlesex Superior Court Judge Leila Kern's September ruling to use a state grant for repairs to the Acton Congregational Church.

Kern denied the group's request for a preliminary injunction to stop the release of a total of $100,737 in state Community Preservation Act funds.

The grant money is targeted to refurbish the church's religious-themed stained-glass windows and other repairs to improve the conditions for its congregants, according to attorney Patricia A. Dejuneas, representing the the group.

The town has not yet filed a response to the request. No date has been scheduled for arguments.

In her four-page ruling issued Sept. 16, Kern wrote that "there is no likelihood Americans United will succeed on the merits of their claim that grants to the churches under the CPA would violated the Anti-Aid Amendment."

The Washington, D.C.-based Americans United, a group that fights for separation of church and state, filed a lawsuit against the town of Acton on July 7, claiming the town violated state law by approving CPA funds to restore two historic churches: the Acton Congregational Church and the South Acton Congregational Church.

Dejuneas argues in her brief that the town's action allegedly violates the Anti-Aid Amendment to the state Constitution that prohibits "the use of public money...for the proposed founding, maintaining or aiding any church..."

But Kern wrote that the purpose of the CPA grants is not to aid the churches, but, specifically, for "the acquisition, preservation, rehabilitation and restoration of historic resources.''

Kern also found that there was no credible evidence that the CPA grants were "economically or politically abusive or unfair," noting the CPA funds were issued without regard to the applicant's makeup or purpose.

Kern wrote that the town of Acton's issuance of the CPA grants was done after an assessment of how to best use public funds to "effectuate a legitimate public purpose.''

At an April 4 Town Meeting, Acton residents overwhelmingly approved spending the money on the church, which dates back to the 1800s and are located in historic districts.

Acton officials have supported the use of grant money because the buildings are considered historic and part of the fabric of the community.

Courtesy photo from the Acton Congregational Church.