Gay Couple Sues Church over Nixed Property Sale

By Mike Gleason
MetroWestDaily News
September 10, 2012

http://www.milforddailynews.com/news/x764813475/Gay-couple-sues-church-over-nixed-property-sale

Two men filed suit against the Worcester Diocese of the Catholic Church Monday, claiming the church refused to sell them a Northbridge property because they were gay and could possibly hold gay marriages there.

James Fairbanks and Alain Beret filed a complaint in Worcester Superior Court that claims House of Affirmation, an affiliate of the diocese, illegally discriminated against the couple in declining to sell them Oakhurst, a 44-bedroom Northbridge mansion.

The diocese, though, said the sale was not made because of financial concerns.

During a press conference at the courthouse, Fairbanks said he and Beret, who are married, were looking to buy the mansion and renovate it.

"It was a facility we were extremely interested in," he said. "We have made our life by restoring old buildings."

"Now that it's lost to us, it's a great disappointment to me," he added.

Beret said he first became suspicious when the diocese ended negotiations abruptly.

"It was a dance we had done for a month before," he said. "We expected to continue the dance, but our dance partner left the room."

Beret said an email from Monsignor Thomas Sullivan, included in the complaint, explained the sale's failure. In the email, Sullivan reportedly writes, "Because of the potentiality of gay marriages there, something you shared with us yesterday, we are not interested in going forward with these buyers."

Beret said neither the topic of gay marriage nor his sexual orientation were raised during talks with the church.

"There was never, ever a discussion about gay marriage," he said. "We never thought about it in those terms - it's all marriage. When you have a business, whoever wants to come to your business is usually welcome."

"How that came to the monsignor's ear I'll never know," he added.

Beret said he was no longer interested in purchasing the property, even should he prevail in court.

"There was a time to reach out to us and say this was a misunderstanding," he said. "That time has expired."

Lawyer Sergio Carvajal, who represents the men, said, even if the diocese based its decision on the possibility of gay marriages and not his clients' sexual orientation, it was violating the law.

"My contention is that gay weddings are allowed by Massachusetts law," he said. "A hotel or convention hall could not refuse to hold an event just because it was a gay wedding."

Gavin Reardon, an attorney representing the diocese, said sexual orientation was not the reason the property was not sold.

"The diocese does not see this as discrimination against a gay person," he said. "This is a case of a failed real estate transaction."

According to Reardon, there was never a purchase and sale agreement in place.

"No one at the diocese ever asked about the buyer's sexual orientation," he said. "They didn't come up with the financing."

Mike Gleason can be reached at 508-634-7546 or mgleason@wickedlocal.com