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By Kent Larsen
Boston Temple Steeple OKed
BOSTON, MASSACHUSETTS -- Massachusetts' Supreme Judicial Court ruled
yesterday that The Church of Jesus Christ of Latter-day Saints can build a
steeple on its Boston Temple. Neighbors of the building had sued and
persuaded a state appeals court judge that the steeple violated zoning
ordinances. But the court, in a unanimous opinion, overturned the lower
court, ruling that "It is not for judges to determine whether the inclusion
of a particular architectural feature is 'necessary' for a particular
religion."
Neighbors have filed two separate lawsuits against the Boston Temple, one
challenging the right to construct the building at all, alleging that
Massachusetts' Dover Amendment is unconstitutional, and this lawsuit
claiming that the steeple violates local zoning laws and should not have
been approved. Because of the steeple lawsuit, the Boston Temple opened last
October without a steeple.
The Temple's neighbors had argued in a state appeals court that the zoning
board should have followed the zoning laws. The 83-foot-high steeple was
higher than local zoning ordinances permitted, but the Church argued that
the steeple had a religious purpose, and therefore should be permitted under
Massachusetts' Dover amendment. That law says that local governments can set
limits on size, height, parking and open space for buildings, but can't
prohibit their construction or limit their religious features.
Last February, Middlesex Superior Court Judge Elizabeth Fahey ruled that the
building's steeple is not a "necessary element of the Mormon religion." But
yesterday, Chief Justice Margaret Marshall, writing for the unanimous court,
rejected that argument in a 17-page opionion. "It is not for judges to
determine whether the inclusion of a particular architectural feature is
'necessary' for a particular religion," wrote Marshalle. "A rose window at
Notre Dame Cathedral, a balcony at St. Peter's Basilica, are judges to
decide whether these architectural elements are 'necessary' to the faith
served by those buildings?" The opinion also said that there is clear
evidence that "the church values an ascendancy of space for the religious
ceremonies performed in temples."
Source:
SJC sides with Mormon temple in steeple ruling
Boston Globe (AP) 16May01 D1
By Associated Press
See also:
Mormon News' Coverage of the Boston Temple Challenges
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