Judge Declines to Issue Injunction in School Fund Case

May 8, 2000

Federal District Judge George O'Toole has denied a motion for a preliminary injunction that would have enabled the Massachusetts legislature to vote on a school choice initiative before the constitutional deadline of May 10. The order was issued after the close of business on Friday afternoon, May 5.

Eric Treene, Litigation Director for The Becket Fund for Religious Liberty, who argued for granting the injunction during a hearing last Wednesday, noted that "Judge O'Toole cited his belief that ‘principles of comity and federalism urge particular caution' when federal courts consider issuing injunctions involving state government processes. Now, unless a political solution is found in the next few days, the enormous efforts of scores of Massachusetts citizens to gather more than 80,000 signatures on initiative petitions last fall will be for naught."

Nonetheless, Treene added, "our lawsuit remains before the court, and we look forward to a full hearing on the merits of our case. The Anti-Aid Amendment and the provision which protects it from the initiative process are both clearly the product of virulent anti-Catholic bigotry, and are unconstitutional under both the First and Fourteenth amendments to the U.S. Constitution. The court's reluctance to issue a preliminary injunction notwithstanding, our battle to erase these dark blots on the Massachusetts Constitution will continue," he concluded.

Additional background information on the case, Boyette v. Galvin, can be found on the Becket Fund's Internet website, at www.becketfund.org.

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