Protecting church-state separation in Massachusetts
Summary
Mayor Thomas Koch of Quincy, Massachusetts, planned to use $850,000 of taxpayer money to install two large religious statues at the entrance of a new public safety building. But Quincy residents knew this was a violation of church-state separation. No one seeking emergency services should have to pass by religious statues that imply one faith is favored over all others.
On May 27, 2025, AU and allies filed a lawsuit on behalf of a group of 15 multifaith and nonreligious Quincy residents to stop the city from installing the statues. The lawsuit explains that the plan – conceived and spearheaded by Mayor Koch – promotes one religion over others, and religion over nonreligion, violating the Massachusetts Constitution’s religious freedom protections.
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No one should have to pass religious statues to access a public safety building
In February 2025, news reports revealed Quincy Mayor Koch’s plans to install two imposing, 10-foot-tall bronze statues depicting Catholic saints at the entrance to the city’s new public safety building. Koch also intended to finance these statues, at an estimated cost of $850,000, with taxpayer money. The mayor had already commissioned the statues by the time the plans were uncovered.
Although the City Council voted numerous times to approve funding for the new public safety building, Mayor Koch’s statue plan was never presented or discussed at those meetings, and the public was never given an opportunity to weigh in on it. At another council meeting, the mayor’s staff dismissed all concerns about the cost, transparency, and legality of his plan.
Installing religious statues in front of a public building directly violates the fundamental principles of church-state separation and religious freedom outlined in the Massachusetts Constitution, which requires government buildings and other public spaces to be inclusive of people of all religions and none. By commissioning these statues, Mayor Koch misused the authority of his office and is implicitly signaling that one religion is favored over others.
Abuse of power and violation of the Massachusetts Constitution
Americans United and its allies reached out to Mayor Koch and city council, raising serious constitutional concerns. In addition, a group of local faith leaders from the Quincy Interfaith Network issued a statement objecting to the plan, urging city officials to “reconsider this decision and instead seek secular design elements that reflect the shared values of our entire community – justice and inclusion for all.”
When it became clear that Mayor Koch was moving forward with his plan despite the public’s and AU’s objections, AU and our allies sued.
“Mayor Koch is abusing the power of his government office to impose religious beliefs on all Quincy residents,” said Rachel Laser, president and CEO of Americans United.
The lawsuit alleges that the planned religious statues violate Article 3 of the Massachusetts Declaration of Rights by imposing religious symbols upon all who work in, visit, or pass by the public safety building; by conveying the message that Quincy is exclusively a Catholic community and that non-Catholics do not belong or are less valued; and by excessively entangling the City with religion.
Freedom without favor and equality without exception
“This isn’t about opposing anyone’s faith—it’s about ensuring government neutrality so everyone, regardless of their religious beliefs, feels equally welcome and protected,” said plaintiff Gilly Rosenthol, who is Jewish. “No one should be compelled to pass religious monuments to access essential public services. It sends a troubling message about who is included and who is excluded in our community.”
On October 14, 2025, the court granted a preliminary injunction blocking the installation of the statues. In its ruling, the court emphasized that “[a] core function of the new public safety building is to facilitate and promote public access to law enforcement,” and that “[v]ictims and witnesses entering such a building often must overcome emotional and psychological hurdles, and intimidation to report crimes and seek police assistance” including “the question of whether the police will treat their claims with the gravity warranted and treat them equally as any other individual, regardless of religious beliefs.” As a result, it concluded that our lawsuit raised a valid concern that “members of the community not adherent to Catholicism or Christian teaching who pass beneath the two statues to report a crime may reasonably question whether they will be treated equally.”
Case Materials
Fitzmaurice v. City of Quincy
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The city of Quincy, Massachusetts, plans to install two large religious statues of Catholic saints at the entrance of the city’s new public safety building.
In early February, the Patriot Ledger published the first report about Quincy Mayor Thomas Koch’s plan to display the two ten-foot-tall bronze statues of Catholic saints, which would flank the entrance of the Quincy Police Department’s new headquarters. The mayor had already commissioned the statues — with a cost to taxpayers of at least $850,000 — by the time the plans were uncovered by local media. Although the City Council voted numerous times to approve funding for the new public safety building, Mayor Koch’s plan was never presented or discussed at those meetings, and the public was never given an opportunity to weigh in on it. At a council meeting later that month, the mayor’s staff dismissed all concerns about the cost, transparency, and legality of the plan.
In the weeks following news of the religious statues, multiple groups wrote letters to the mayor and City Council — including Americans United, the ACLU of Massachusetts, and the Freedom From Religion Foundation — raising serious constitutional concerns. In addition, a group of local faith leaders from the Quincy Interfaith Network issued a statement objecting to the plan. But the city pressed forward with its plan.
On May 27, 2025, Americans United joined the American Civil Liberties Union of Massachusetts, the ACLU, and the Freedom From Religion Foundation in filing a lawsuit on behalf of a multifaith group of Quincy residents and taxpayers. Our lawsuit seeks preliminary and permanent injunctions that would prevent the City from proceeding with its unconstitutional plan. We argue that the planned religious statues violate Article 3 of the Massachusetts Declaration of Rights by imposing religious symbols upon all who work in, visit, or pass by the public safety building; by conveying the message that Quincy is exclusively a Catholic community and that non-Catholics do not belong or are less valued; and by excessively entangling the City with religion.
On October 14, 2025, the court granted a preliminary injunction blocking the installation of the statues. In its ruling, the court emphasized that “[a] core function of the new public safety building is to facilitate and promote public access to law enforcement,” and that “[v]ictims and witnesses entering such a building often must overcome emotional and psychological hurdles, and intimidation to report crimes and seek police assistance” including “the question of whether the police will treat their claims with the gravity warranted and treat them equally as any other individual, regardless of religious beliefs.” As a result, it concluded that our lawsuit raised a valid concern that “members of the community not adherent to Catholicism or Christian teaching who pass beneath the two statues to report a crime may reasonably question whether they will be treated equally.”
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Reverend Darcy Roake & Adrian Van Young
“As an interfaith family, we strongly value religious inclusion and diversity, and we teach our children that all people are equal and have inherent dignity and worth. The Ten Commandments displays required by this law fly in the face of these values and send a message of religious intolerance. They will not only undermine our ability to instill these values in our children, but they will also help create an unwelcoming and oppressive school environment for children, like ours, who don’t believe in the state’s official version of scripture. We believe that no child should feel excluded in public school because of their family’s faith tradition.”
Reverend Jeff Sims
“By favoring one version of the Ten Commandments and mandating that it be posted in public schools, the government is intruding on deeply personal matters of religion. I believe that it’s critical for my children to receive and understand scripture within the context of our faith, which honors God’s gift of diversity and teaches that all people are equal. This law sends a contrary message of religious intolerance that one denomination or faith system is officially preferable to others, and that those who don’t adhere to it are lesser in worth and status. As a pastor and father, I cannot, in good conscience, sit by silently while our political representatives usurp God’s authority for themselves and trample our fundamental religious-freedom rights.”
Jennifer Harding and Benjamin Owens
“As a nonreligious family, we oppose the government forcibly subjecting our child to a religious scripture that we don’t believe in. The State of Louisiana should not direct a religious upbringing of our child and require students to observe the state’s preferred religious doctrine in every classroom.”
Erin Hawley and David Hawley
“We instill moral and ethical values in our children through positive concepts, such as love and caring for others, not biblical commandments. As Unitarian Universalists, we strongly believe that every person has the right to undertake a free and responsible search for truth and meaning. That cannot happen when the government forces scripture on people, especially children—who are at the beginning of their spiritual journeys.”
Joshua Herlands
“As a parent, an American, and a Jew, I am appalled that state lawmakers are forcing public schools to post a specific version of the Ten Commandments in every classroom. These displays distort the Jewish significance of the Ten Commandments and send the troubling message to students that one set of religious laws is favored over all others. Tolerance is at the heart of our family’s practice of Judaism, and this effort to evangelize students, including my children, is antithetical to our core religious beliefs and our values as Americans.”
Press
Multifaith group sues Quincy, Mass., to stop religious statues at public building
May, 2025 –
A multifaith group of Quincy, Massachusetts, residents and taxpayers filed a lawsuit today in Norfolk Superior Court to halt the planned installation of two large religious statues of Catholic saints at the entrance of the city’s new public safety building. The plaintiffs are residents of diverse faiths who do not want their government officials and publicly-owned property to promote specific religious beliefs. Their lawsuit explains that the plan — conceived and spearheaded by Mayor Thomas Koch — promotes one religion over others, and religion over nonreligion, violating the Massachusetts Constitution.
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