Liberty of the truth

Statue of Mary Barrett Dyer by Sylvia Shaw Judson
in front of the Massachusetts State House. The quote on the base reads, 
 “My life not availeth me in comparison to the liberty of the truth.”
Dyer was hanged in 1660 on Boston Common not far from where her statue sits today.

In the midst of the flurry of news surrounding the Diocese of Worcester ending the Worcester Public Schools' lease of the former St. Stephen's Elementary, where La Familia currently is, a reporter asked me if I thought it was due to the district's continuing to teach comprehensive health education in the building, something we know the diocese did not wish to have happen ('though it was not, of course, actually barred by the terms of the lease). 

One can't say, of course, what internal calculations the Chancery made before exercising the clause in the lease that allows them to end it early. I do want to note, again, though, that it raises a very grave question regarding the lease the now-approved Worcester Cultural Academy Charter School has with the diocese.
That lease--currently a lease between Old Sturbridge Village itself and the Diocese--we're told contains the following clause:

Neither Lessee nor any of its employees, servants, agents or invitees shall make any use of the [building] which would be inconsistent with the doctrines or teachings of the Roman Catholic Church, as determined by the Roman Catholic Bishop of Worcester in his ecclesiastical capacity of Ordinary of the Diocese of Worcester in his sole discretion.

It's worth noting how very particular this language is: it does not put what happens in that building under Roman Catholic canon law, or under Roman Catholic teaching as overseen by the Vatican. This is particular to the Bishop as ordinary of the Worcester diocese. 

OSV (and dual charter school) Executive Director Jim Donahue at the time this was made public said:

Once the school is approved, we will review the terms with the Diocese once more to ensure they are acceptable to them and to us.

I would say it is now fair to speculate as to what would be "acceptable" to the Diocese, given their decision of last week.

That this wasn't of graver concern to the Department in their approval process (despite it being brought to their attention) displays a disturbing lack of understanding of the current context of the separation of church and state when it comes to public schools.

Last year's Carson v. Maine Supreme Court decision, rested on the question of the use of vouchers--which are public education dollars--going to religious schools. Maine had barred that; SCOTUS found that this was discrimination. But as many (including me) noted at the time, this opened the question of religious charter schools. In fact, that is where the Oklahoma Attorney General went. 

While Article 103 of the Massachusetts State Constitution bars state funding:

for the purpose of founding, maintaining or aiding any infirmary, hospital, institution, primary or secondary school, or charitable or religious undertaking which is not publicly owned and under the exclusive control, order and supervision of public officers or public agents authorized by the Commonwealth or federal authority or both

which makes us a non-voucher state, the state allowing a charter to operate only "under the doctrines and teachings of the Roman Catholic church" as determined by the local bishop would certainly seem to open a door some are eager to, even as it is barred by the state constitution.

The Pilot piece quoted above was quick to tag the Massachusetts provision as part of the Know Nothing efforts of the Blaine amendment era, but also notes that the separation of church and state goes back farther than that in Massachusetts. And it should, with good reason. 

The Establishment Clause of the U.S. Constitution is often said to stem from a reaction to the legacy of religious wars in Europe. But here in Massachusetts, we have a legacy much closer to us on the dangers of state making provision for religion. 

I opened this post with a photo of the statue of Mary Dyer that sits next to the public entrance of the Massachusetts State House. Dyer was hanged by the Massachusetts Bay Colony on Boston Common in 1660 due to her preaching, after continually being warned not to, the Quaker faith. 
She did not adhere to the state faith. And she was killed by the state for it.
By our state, Massachusetts.