The Massachusetts Constitution Art. 48 which sets out the procedures for initiative petitions provides in part that no measure relating to religion, religious practices or religious institutions may be proposed by an initiative petition. In Cella v. Attorney General, (MA Sup. Judicial Ct., June 23, 2026), the Massachusetts Supreme Judicial Court held that this provision is violated by a petition proposing an end to the statewide ban on rent control and instituting a limit on rent increases. The new rent control limits, however, would not apply to several categories of dwellings, including dwelling units in facilities operated solely for religious purposes. The court said in part:
The Attorney General argues that the petition does not discriminate in favor of religious institutions because it also provides exemptions for secular dwelling units, including facilities operated for educational and nonprofit purposes. The presence of secular exemptions does not negate that the petition, on its face, uses religion as "a factor in its application" .... Nor do these secular exemptions change the fact that the petition, by including a carveout for religious facilities, brings "religious questions into the politics of this State"...
The court rejected the Attorney General's argument that the petition should be allowed because its "main purpose" is unrelated to religion. The Court said in part:
Applying a less exacting standard -- permitting at least some measures that by their own terms govern religion, religious practices, or religious institutions -- would contravene not only the plain language of art. 48, but also the intent of its framers. The convention delegates intended to strictly maintain "the entire separation of church and State" by "mak[ing] it as difficult as possible to bring religious questions into the politics of this State."
The Court however pointed out:
... [A]lthough religious beliefs may encompass a wide array of human conduct, an initiative petition does not "relate[]" to religion within the meaning of art. 48 just because a person's personal religious beliefs might inform his or her views on an otherwise secular subject matter; rather, the measure itself must relate to religion....