Society of Jesus of New England v. Boston Landmarks Commission

564 N.E.2d 571, 409 Mass. 38
CourtMassachusetts Supreme Judicial Court
DecidedDecember 31, 1990
StatusPublished
Cited by21 cases

This text of 564 N.E.2d 571 (Society of Jesus of New England v. Boston Landmarks Commission) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Society of Jesus of New England v. Boston Landmarks Commission, 564 N.E.2d 571, 409 Mass. 38 (Mass. 1990).

Opinion

Lynch, J.

These cases raise the question whether the Boston Landmarks Commission (commission) may constitutionally designate elements of the interior of a church as a landmark, pursuant to St. 1975, c. 772 (landmarks statute). In a consolidated action challenging such a designation, a Superior Court judge held that the designation violated the free exercise clause of the First Amendment to the United States Constitution, and, therefore, granted summary judgment to the Jesuits. This court granted the application of the commission for direct appellate review, and we now affirm the judgment on the ground that the designation of the church interior violated art. 2 of the Declaration of Rights of the Massachusetts Constitution. 2

*40 The material facts recited below are not in dispute. The Church of the Immaculate Conception is located in Boston’s South End. There are few finer examples of classic mid-Nineteenth Century church design.

Nevertheless in 1986, faced with an aging, oversized building and sparse attendance, the Jesuits developed a plan to renovate the church. The plan called for renovation of the main church into office, counseling, and residential space. When the renovation work began, however, ten voters of the city of Boston promptly petitioned the commission to designate the interior of the church as a landmark under § 4 of St. 1975, c. 772.

In May, 1987, the commission approved landmark designation for portions of the church’s interior. The designation restricted permanent alteration of the “nave, chancel, vestibule and organ loft on the main floor — the volume, window glazing, architectural detail, finishes, painting, the organ, and organ case.” Under the landmarks statute, renovation of these elements now requires the commission’s approval. See St. 1975, c. 772, §§ 5 (a), 6, 7. The designation exempted only routine maintenance and the installation of portable or nonpermanent furnishings from the requirement of review by the commission. The Jesuits appealed from the designation to the Superior Court pursuant to St. 1975, c. 772, § 9, seeking to have the designation set aside on constitutional grounds.

Shortly thereafter, in July, 1987, the Jesuits filed an application with the commission seeking approval of a revised renovation plan for the church interior. In pertinent part, the plan called for construction of a new central altar, removal of the existing main altar, tabernacles, and altar tables in the chancel and side aisles, and construction of rooms for pastoral counseling in the rear of the side aisles. The application was denied, and the Jesuits initiated another suit against the commission. The Jesuits then filed another application for design approval calling for screening the main altar rather than removing it. After the Jesuits filed a third suit, the commission approved the second renovation plan. The renova *41 tions proposed by the Jesuits in their second application are now complete.

The Jesuits argue that the designation of the interior of their church as a landmark violates a number of State and Federal constitutional provisions. Because we hold that the designation violates art. 2, we do not reach the Jesuits’ remaining constitutional claims.

Article 2 provides, in part: “[N]o subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping GOD in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.”

This provision plainly contemplates broad protection for religious worship. The specific language of art. 2 guarantees freedom of religious belief and religious practice subject only to the conditions that the public peace not be disturbed and the religious worship of others not be obstructed. Thus, “in emphatic and unmistakable terms, [the Constitution] guarantees to all our people absolute freedom as to religious belief and liberty unrestrained as to religious practices.” Opinion of the Justices, 214 Mass. 599, 601 (1913). The framers and ratifiers understood the right freely to exercise one’s religion to be an uncompromising principle. Consider, for example, the following contemporary definition of the right: “[E]very man has an unalienable right to enjoy his own opinion in matters of religion, and to worship God in that manner that is agreeable to his own sentiments without any control whatsoever” (emphasis added). Instructions of Pittsfield to its Delegates to the Constitutional Convention, 1779, reprinted in Massachusetts, Colony to Commonwealth 118 (R. Taylor ed. 1972). 3 As this court observed in one of its earliest comments on the Massachusetts Constitution, a “great object” of the Declaration of Rights was “to secure and estab *42 lish the most perfect and entire freedom of opinion, as to tenets of religion, and as to the choice of the mode of worship.” Adams v. Howe, 14 Mass. 340, 346 (1817). The disputed landmark designation cannot survive constitutional scrutiny under these principles.

The designation restrains the Jesuits from worshiping “in the manner and season most agreeable to the dictates of [their] own conscience,” contrary to art. 2. We are not per-, suaded by the commission’s argument that the design and placement of, for example, the altar of the church is merely a secular question of interior decoration. That argument misapprehends the central significance of the location and positioning of the altar to the Jesuits’ religious practices. The configuration of the church interior is so freighted with religious meaning that it must be considered part and parcel of the Jesuits’ religious worship. We conclude, therefore, that art. 2 protects the right freely to design interior spaces for religious worship, thus barring the government from regulating changes in such places, provided that no public safety question is presented.

Nothing in Opinion of the Justices, 333 Mass. 783 (1955), immunizes the burden on religious practice imposed here from art. 2 scrutiny. There the Justices stated their opinion that the statute preserving the architecture of the “Historic Beacon Hill District,” within which renovation of building exteriors required government approval, was constitutional even as applied to religious buildings. Id. at 790. The statute under consideration, however, affected only the exteriors of buildings, and only in so far as those exteriors were “open to view from a public way.” Id. at 784. The government intrusion here is substantially more invasive, reaching into the church’s actual worship space. Such government regulation cannot be squared with the plain meaning of art. 2.

Further, the religious conduct burdened by the landmark designation is not exempted from art. 2 protection by the provisos permitting regulation of conduct that disturbs the public peace or obstructs the religious worship of others. Renovation of the interior of the church clearly would not *43 “disturb the public peace,” as we have defined that phrase. See

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Bluebook (online)
564 N.E.2d 571, 409 Mass. 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/society-of-jesus-of-new-england-v-boston-landmarks-commission-mass-1990.