Federal court stops acquittal for New Jersey County

Press release
For immediate release: 2/12/24
Contact: Peyton Drew, [email protected]
Direct: 972-941-4454

Federal court blocks New Jersey County from excluding churches from historic preservation grants
Churches then filed lawsuits alleging religious discrimination and unequal treatment Exclusion of funding that was previously permitted

Trenton, NJ– The U.S. District Court for the District of New Jersey has issued a preliminary injunction on behalf of Mendham Methodist Church and Zion Lutheran Church Long Valley in Morris County, halting a Morris County policy excluding churches from the Morris County Historic Preservation Trust Fund . While centuries-old churches are excluded from the historic preservation program, grant recipients include a theater, a Masonic lodge and a restaurant. First Liberty Institute, Jones Day, Roselli Griegel Lozier, PC, and Pepperdine University Religious Liberty Clinic filed a federal lawsuit on behalf of Mendham Methodist Church and Zion Lutheran Church Long Valley.

A copy of the decision can be found here.

“The U.S. Supreme Court has consistently stated that all forms of religious discrimination by the government are unconstitutional, including the denial of historic preservation grants to historic churches,” said Jeremy Dys, senior counsel at First Liberty Institute. “We are pleased that the court recognized that religious institutions cannot be excluded from public funding programs such as preservation grants solely because of their religious character or activities.”

The now-blocked policy stemmed from a 2018 New Jersey Supreme Court ruling that found Morris County’s longstanding practice of providing historic preservation grants to churches violated the New Jersey Constitution. The ruling overturned a lower court decision and bars churches from benefiting from the grant program. Morris County then implemented that court ruling with a policy change banning churches from participating in the program. Although the U.S. Supreme Court denied a request to review the New Jersey ruling in 2019, Justice Brett Kavanaugh, joined by Justices Samuel Alito and Neil Gorsuch, said the New Jersey law appears to violate the U.S. Constitution and is therefore of the refusal of certificates differs. “Excluding religious organizations from a general funding program for monument protection because they are religious is pure discrimination against religion.”

Since Justice Kavanaugh’s letter, the U.S. Supreme Court has ruled in cases like… Espinoza v. Montana Department of Revenue And Carson v. Makin, that the Federal Constitution prohibits the exclusion of religious institutions from generally available public funding programs based solely on their religious character or activities, resulting in today’s injunction. States and local governments that elect to provide a general public benefit—such as historic preservation grants—cannot disqualify an otherwise qualified applicant solely because the applicant happens to be and operate as a place of worship. The grants are about promoting and supporting monument protection. The restoration and preservation of historic churches is an enrichment for the entire community.

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About First Liberty Institute

The First Liberty Institute is a nonprofit public interest law firm and the nation’s largest legal organization dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact Peyton Drew at [email protected].