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  Court Denies Framingham Church's Appeal

By Julia Spitz
MetroWest Daily News

September 27, 2008

http://www.metrowestdailynews.com/news/x1473561225/Court-denies-Framingham-churchs-appeal

FRAMINGHAM — The state Court of Appeals has rejected St. Jeremiah parishioners' February appeal of a Middlesex Superior Court ruling that courts can't intervene in church law.

"Unfortunately, the court ruled we didn't have standing to bring the suit," Mary Beth Carmody, chairwoman of the St. Jeremiah appeals committee, said yesterday. The appellate court ruling states "the attorney general is the only one that has the right to bring suit" involving donations to a public charity.

"I find that very distressing," said Carmody. It sends a message "the members of a parish have no way to protect their rights.

"The distressing part is our parish was clearly a gift from the Moynihan family," who said it must be named for Jeremiah Moynihan as part of the agreement to turn over the land. The stained glass windows were paid for by parishioners, said Carmody, and the carillon bell system in memory of St. Jeremiah parishioner Christa McAuliffe was specifically for the church.

"These were clearly not gifts to the Archdiocese (of Boston). They were gifts to the parish," Carmody said.

The ruling may not affect other similar cases, however, because "the justices didn't publish it, so it can't be used as precedent."

As for what this means to St. Jeremiah, which has been in vigil for more than three years since the archdiocese ordered the Brook Street church closed, "we haven't had an opportunity to discuss it," Carmody said.

A Parish Operating Committee meeting will be held tomorrow at 7:30 p.m.

"This isn't the last word," said Carmody. The most recent ruling can be appealed to the state Supreme Judicial Court and "we still have our appeal at the Vatican."

Meanwhile, the round-the-clock vigil continues, and "there's a pretty good variety of people coming in," said Don Merchant, a parish member who was working a vigil shift at the church yesterday morning.

There is also a new priest and a new flock at the church.

"I think that's the really important part of the story," said Carmody.

In June, Cardinal Sean O'Malley granted permission for a Syro-Malabar priest to take up residence at the St. Jeremiah rectory and celebrate Masses for both the Syro-Malabar community and St. Jeremiah members.

"In faith, in morality," the Catholic religion is the same, the Rev. Kuriakose Vadana said yesterday. "The difference is in the tradition and practices."

The Syro-Malabar Church is the second largest Eastern Catholic church in the world, with about 3 million members who believe their church was established by Jesus' disciple Thomas.

"All the apostles went to different places," said Vadana. "St. Thomas went to India."

Vadana celebrates Sunday Mass following Latin rites traditions for St. Jeremiah parishioners at 9 a.m., and Mass following the St. Thomas Christians' traditions at 11 a.m.

"There is very good cooperation" between those holding the vigil and St. Thomas members, Vadana said.

While an archdiocese press release stated the collaboration "is not intended to signal that Saint Jeremiah Parish will reopen as a parish of the Archdiocese of Boston," and instead could pave the way for establishing a Syro-Malabar parish at the site once all appeal processes have been exhausted, Carmody sees it as a good sign.

"We hope we will continue at St. Jeremiah's as a collaborative community," she said.

(Julia Spitz can be reached at 508-626-3968 or jspitz@cnc.com.)

 
 

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