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Judge says church can run emergency homeless shelter on property
Judge says church can run emergency homeless shelter on property
Judge says church can run emergency homeless shelter on property

Published on: 04/10/2026

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By Michael Gryboski, Editor Friday, April 10, 2026Twitter
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iStock/1315026618

A judge has ruled that a church in Massachusetts can operate an emergency homeless shelter on its property despite objections from some neighbors.

Massachusetts Land Court Judge Diane R. Rubin ruled Monday to uphold a decision from the city of Somerville Zoning Board of Appeals to permit First Congregational Church of Somerville to build a shelter.

Rubin wrote that since the church was launching the shelter for religious reasons, it was protected by a Massachusetts state law known as the Dover Amendment.

"[T]he Dover Amendment protections encompass accessory uses that, ‘while not inherently religious in nature, are components of a broader religious project, and that facilitate the functioning of that project,’” wrote Rubin, quoting an earlier legal case.

“Guided by these principles, I reject the Plaintiffs’ effort to characterize the dominant and primary purpose of the ground floor as housing, somehow separate and apart from First Church’s use of the Church Building as a whole.”

In 2024, in response to an uptick in the local homeless population, First Church got a permit to create a 26-bed homeless shelter that would be overseen by the Somerville Homeless Coalition.

The proposal received opposition from some of the theologically progressive congregation’s neighbors, who expressed concern over the impact that the shelter might have on the community, as well as questions about the approval process.

“They believe in the idea that Christianity says they should be helping the homeless, which is fine,” said Jane Becker, who lives across the street from First Church, as quoted by The Boston Globe in August 2024. “But aren’t you supposed to love your neighbors as well?”

In September 2024, Becker and two other local residents filed a complaint against the church, the Somerville Homeless Coalition, and members of the local zoning board, seeking to overturn approval of the shelter.

The plaintiffs filed an amended complaint in January of last year, with the trial being held last August and closing arguments eventually being made in November.

“The Gospel teaches us that our neighbor is the person in front of us in need,” the Rev. Jenn Macy, the lead pastor for First Church, told The Boston Globe in August 2025. “You do not have to look far from our church steps to see that our neighbors need our help, now.”

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News Source : https://www.christianpost.com/news/judge-says-massachusetts-church-can-open-homeless-shelter.html

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