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There is something off-base about
this week's public debate over a proposed state law that
would require religious institutions to file an annual
fiscal report with the Attorney General. All non-profits
would be required to disclose their real estate holdings,
according to reports from the State House News
Service
The bill has passed, 33-4 in the
Senate, and on Wednesday it was scheduled to be debated in
the House. The State House was the scene of a large rally by
supporters of the measure, but at press time there had been
no vote yet taken on the bill.
The proposed law seems rooted in a
direct assault against the Roman Catholic Archdiocese of
Boston, and by extension Catholic dioceses throughout the
state&emdash;a payback to church leaders for their inept,
some would say criminal actions surrounding the clergy
pedophile scandals.
"What this bill is attempting to
do is to say that religious organizations are not a
specially defined group of organizations, that they are
essentially public charities," said Rep. Byron Rushing
(D-South End). He said that institutions of worship should
not be viewed under the law as equivalent to Little Leagues,
and that the legislation is "fundamentally
unconstitutional."
A proponent of the bill, Attorney
General Thomas Reilly said he has not yet reviewed the
legislation, but in general believes that all religious
institutions should disclose their finances to
congregational members.
"These are the people that are
giving money to their church and contributing to their
church and the finances of their church should be made
available to them," Reilly told reporters. "I do believe
that churches should disclose their finances to their
members."
Yet a disclosure to church members
falls far short of a full reporting requirement to the
state. Church leaders say that, beyond the constitutional
issues, the proposal would place an unfair and excessive
financial burden on them.
The bottom line here remains that
people who belong to a church have the right to give their
moneys to that church, or withhold it- it's their choice.
They also can- and should- ask their own questions of just
how those funds are used.
But the thought that such
information, once made public through filings with state
government, could be used by persons with political
motivations is a circumstance that is quite
worrisome.
Dorchester State Rep. Marie St.
Fleur said this week that she thinks the bill is a bad idea,
and she planned to take to the floor of the House to make
her opposition known.
The principle at stake here,
curiously, parallels one that has prompted many lawmakers to
take a firm and fair stand against Catholic church teaching
on matters like gay marriage. Churches have the right to
refuse to marry anyone, for any reason and few would argue
that they should not have that privilege. Membership in the
church is voluntary, after all. The state, equal marriage
proponents rightly argue, should not discriminate against
individuals who choose to wed their loved one in a civil
setting- or in one of the many churches that do sanction
same-sex unions. For the state to do otherwise, as our own
Supreme Court has established clearly, is simply
unconstitutional.
It's too bad that the Catholic
Church and some other faith denominations seem unwilling to
cede the same rights to individuals in our society that they
cherish so dearly for themselves. This might be a good
moment for the religious groups so fervently intent on
overturning the gay marriage decision to reflect on just why
the separation of church and state is so
important.
Nevertheless, two wrongs do not
make a right. Rep. St. Fleur and the opponents of this
week's disclosure bill have it right: Keep the state out of
church affairs. And vice versa.
- Ed Forry
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