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Remarks At Kennedy Memorial Service Raise Issue On Mormon Temple Zoning

By Howard M. Friedman

According to yesterday's Belmont (MA) Citizen-Herald, remarks delivered by Utah Sen. Orrin Hatch at the memorial service for Sen. Edward Kennedy last Friday (full text) have caused some former litigants to question a decision handed down in 2001 by the Massachusetts Supreme Judicial Court. Here is what Hatch said:

There was another time when the Mormon church was nearing completion of its temple here in Boston. Belmont , I think. I was approached by several people working in the temple and informed that the city would not allow a spire to be placed on the top of the temple with an angel on top of it as is customary on Mormon temples. I immediately called Ted and asked for help. Not long after that conversation, he called me back and said, "All of western Massachusetts will see the Angel Gabriel on the top of the Mormon temple. (LAUGHTER) Though I was tempted to leave it alone, I had to inform Teddy it was actually the Angel Maroni....

It turns out that the question of whether a special zoning permit would be granted for the church to build its 85-foot high steeple was litigated all the way to the Massachusetts Supreme Judicial Court. In Martin v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, (MA Sup. Jud. Ct., 2001), Massachusetts' high court held that a state law limiting zoning restrictions on the use of land for religious purposes (the "Dover Amendment") precluded the "unreasonable" height restriction that Belmont's zoning laws imposed.

Now those who opposed the Temple construction are asking whether Kennedy influenced the Supreme Judicial Court's decision. They say Hatch's reference to the time construction was nearing completion would put his call to Kennedy after the February 2000 decision by the Middlesex Superior Court to reverse the decision of Belmont's zoning board of appeals and ban the steeple. The only determination left after that point was that by the Supreme Judicial Court. A spokesperson for the court, however, says they had no interaction with Kennedy and he did not influence the justices in the temple case.

Full post as published by Religion Clause on September 02, 2009 (boomark / email).