So reports the Jessica Heslam (Boston Herald):
[Michael Casey] went to [Upton’s] three selectmen last month with a simple request: to hold a peaceful prayer vigil on the town common. It was supposed to be part of about 7,500 “rosary rallies” held nationwide by America Needs Fatima, a nonprofit Catholic group.
The selectmen put their feet down. No way, they told Casey, invoking the Constitution’s separation of church and state.
Here’s the item from the town meeting minutes, which supports the newspaper’s story:
3. Rosary Prayer Vigil on the Town Common
Selectmen Picard stated he is uncomfortable with this request, he understands the person’s desire but persons of other religions could feel slighted if we do not also open it up to them. Selectmen Brochu also is uncomfortable with the request and agrees with Selectmen Picard. Chairman Fleming stated the Board has been generous allowing religious group’s use of town property providing it was not a religious type service. He did state the law does require separation of Church and State and to use the Town Common area for a religious function does tip toe in violation of the constitution. He also stated the Town is careful to allow holiday events on the common but they are very generic and refrain from imposing anything on a citizen that they would not want on their property and it is town property.
But the Establishment Clause, as interpreted by the Supreme Court, bars only government speech endorsing religion. It doesn’t bar private religious speech in generally accessible public property, and especially in a traditional public forum (which the Upton Common seems likely to be). And in fact the Free Speech Clause protects such speech against content-based exclusion from such places; see Capitol Square Review & Advisory Bd. v. Pinnette (1995). Fortunately, the Selectmen have now changed their decision:
“They realized that this was an unfortunate decision and a misunderstanding of the law,” [Town Manager Blythe] Robinson said. “I’m going to work with them to put together a policy to make sure we take care of this in the future.”
Thanks to Victor Steinbok for the pointer.