MASSACHUSETTS
Commonwealth Magazine
BY: JACK SULLIVAN
March 13, 2014
ATTORNEY GENERAL MARTHA COAKLEY thrust her office into the middle of a civil suit against the Worcester Diocese, saying the church’s refusal to sell property it owns in Oxford to a married gay couple is discrimination not protected by any right to religious freedom.
Coakley’s office on Thursday filed an amicus brief in Worcester Superior Court saying the Worcester Diocese violated state law by refusing to sell a former Whitinsville home used for pedophile priests to Alain Beret and James Fairbanks after Bishop Robert McManus learned the couple was gay and planned to turn the home into a function center for a variety of events, including gay weddings.
“[The church’s] interpretation of the law is incorrect and, in the context of this case, the rights of religious freedom do not entitle the Diocesan defendants to discriminate against plaintiffs on the basis of sexual orientation,” the brief states.
Beret and Fairbanks had made an agreement in 2012 to purchase the property, called Oakhurst, for $1 million, paying a $75,000 deposit and contracting for a home inspection. But, after the inspection, they learned they would have to buy a sprinkler system for nearly $250,000 in order to make the 44-bedroom mansion into a bed and breakfast and function hall. After consulting with the realtor, they submitted a revised offer to purchase only the mansion and a smaller portion of the 24-acre property. The following day, the realtor sent the couple an email stating the diocese was pulling out of the deal because they had “other plans” for the property.
Though diocesan officials told a Telegram & Gazette columnist they killed the deal over concern about the couple’s finances, the message the couple received from the realtor inadvertently included a copy of an email sent to her from Monsignor Thomas Sullivan, one of McManus’s top aides.
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