MASSACHUSETTS, USA, May 5, 2016 (by Michael O’loughlin,The Atlantic):
HPI Note: Trustees of temples in the US should pay attention to this unusual court case which could ultimately impact their organization.
The Massachusetts Supreme Court will decide whether a local shrine should be tax-exempt–a decision that could have broad implications for faith organizations in America. A case now in front of the Massachusetts Supreme Judicial Court, about whether the 21 religious brothers and sisters who run the Shrine of Our Lady of La Salette in Attleboro should have to pay taxes, could have huge repercussions. The Court’s decision will be an important part of the ongoing debate in America about who defines religious practice–believers or bureaucrats–and whether religion itself should be afforded a special place under the law. The case centers on a colonial-era law in Massachusetts that exempts religious houses of worship and parsonages from property taxes if they are used for religious worship or instruction. The shrine has enjoyed this perk since its founding in 1953. But in recent years, the City of Attleboro, nestled between Providence and Boston, has faced a tightening budget. It began looking to see where it could collect more revenue. The shrine, the only major tourist attraction in town, was an obvious target for tax collectors.
The city valued the property at $12.8 million, all of which had previously been exempt. But in 2013, officials decided that $4.9 million of that value represented property not used for religious worship or instruction. They declared that a maintenance shed, coffee shop, conference rooms, and a religious bookstore–along with the forest preserve that covers more than half the campus–are used for secular purposes. The shrine, the city decided, had to pay up, and received a $92,000 tax bill. Under pressure, the shrine paid, but then sought a tax abatement through the courts, arguing that all 199 acres were used for religious purposes. Faith leaders from across Massachusetts agreed and filed a brief in support of the shrine.
The conflict is about the tax status of religious organizations, but the deeper issue is about who gets to define religion. If the justices rule that shrines’ grounds are taxable, the results could be devastating for other religious organizations. The Court’s decision could also empower other municipalities to take a closer look at tax-exempt properties in their own jurisdictions as possible cash cows. Other religious organizations in Massachusetts are monitoring the case, fearful that their own assets could be the next targets for taxation. And it’s not uncommon for state judges to look to other jurisdictions for guidance or for federal courts to consider trends in the states as they rule on similar cases.
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