A JALSA Letter to the Springfield Union-News

July 2, 2002

Ms. Patricia Norris
Springfield Union-News
Springfield, MA

Dear Ms. Norris:

Your report (June 29) on the state law barrier to school vouchers perpetuates the myth that the relevant constitutional amendment is an anti-catholic and anti-immigrant relic of the 19th century. The present Article 46 has its origin, rather, in the Constitutional Convention of 1917, and was passed with the overwhelming support (85 out of 94) of the Catholic delegates to that convention. Named in part for its co-sponsor, Martin Lomasney, it was the result of a wise compromise which bans tax support to all private institutions, not merely schools, precisely to avoid arguments over what is or is not sectarian. Article 46 also for the first time included language guaranteeing the free exercise of religion and prohibiting establishments. (It must be remembered that the First Amendment was not held to apply to the states until 1940.) It was ratified by the voters by a two-to-one margin.

Article 46 was rewritten in 1974, so that not a word of the 1855 enactment remains. Again, it was approved overwhelmingly by the voters. Repeal was attempted not merely in the legislature, but by referendum in 1982 and 1986. It was rejected by the voters, again by wide margins, each time. 58% of those polled may think they want vouchers, but fewer than 40% have ever favored changing Article 46.

To call Article 46 the “anti-aid” amendment is a gross misnomer. It is a comprehensive religious freedom amendment which simultaneously guarantees free exercise, forbids direct government aid to religion, and even-handedly prevents any private institution, whether or not religious, from receiving public support. It shares nothing with the 1855 provision-neither purpose, nor effect, nor a constituency, nor language. It has served the people of Massachusetts well for 85 years, and we hope it will continue to do so.

Very truly yours,
 
Joel Z. Eigerman
Chair, Committee on Civil Liberties
Jewish Alliance for Law and Social Action