A federal judge has ruled that churches in New Jersey cannot be excluded from receiving historic preservation grants solely because of their religious nature. U.S. District Judge Evelyn Padin issued a preliminary injunction last week in favor of Mendham Methodist Church and Zion Lutheran Church Long Valley, which sued Morris County officials over denied grants. Padin’s decision criticized Rule 5.6.4 of New Jersey’s Historic Preservation Grant, stating that it violates the Free Exercise Clause of the U.S. Constitution.
Legal Arguments Against Religious Discrimination
Padin’s opinion highlighted the discriminatory nature of Rule 5.6.4, which prohibits grant funds for properties used for religious purposes. She emphasized that the rule excludes religious institutions from eligibility solely because of their faith-based identity. Jeremy Dys, senior counsel for the conservative First Liberty Institute, applauded the ruling, noting it aligns with U.S. Supreme Court precedents prohibiting religious discrimination in public funding programs.
Background: A Clash Between Church and State
The legal dispute traces back to a 2018 New Jersey Supreme Court ruling, which concluded that using taxpayer funds for church repairs violated the state constitution’s Religious Aid Clause. This decision stemmed from a lawsuit filed by the Freedom From Religion Foundation (FFRF) over Morris County’s allocation of $4.6 million in historic preservation grants to churches between 2012 and 2015. Following the ruling, Morris County amended its policies to exclude houses of worship from the grant program.
Churches’ Case for Equal Access
The Mendham and Zion Lutheran Churches were denied grants under the revised policy and filed a lawsuit in April 2023. They argued that excluding them solely due to their religious affiliation constituted unconstitutional discrimination. The plaintiffs contended that religious institutions should be eligible for generally available public benefits, including preservation grants if they meet all other qualifications.
Mixed Reactions to the Ruling
Supporters of the ruling view it as a victory for religious liberty and equal treatment under the law. Detractors, such as the FFRF, warn that it undermines constitutional protections separating church and state, potentially allowing taxpayer funds to support religious activities.
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Churches can’t be barred from New Jersey’s historic grant program, federal judge rules
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