Historic NJ Churches Can’t be Excluded From Preservation Funding
Federal judge ruled last week that county policy likely violates First Amendment.
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Two historic New Jersey churches won a preliminary injunction in federal court that blocks a policy excluding them from a funding program for historic buildings.
Courtesy of First Liberty Institute
In May 2023, Zion Lutheran Church Long Valley and Mendham Methodist Church, represented by religious liberty public interest law firm First Liberty Institute, filed a lawsuit claiming the Morris County historic preservation board discriminated against them in its distribution of funds because of their religious function.
“We are thrilled that the court recognized that religious institutions cannot be excluded from public funding programs like preservation grants simply because of their religious character or religious activities,” First Liberty’s Senior Counsel Jeremy Dys said in a press statement.
“Time and again, the U.S. Supreme Court has declared that all forms of religious discrimination by the government are unconstitutional, including the denial of historic preservation grants to historic churches,” he added.
Mendham Methodist Church, dating back to 1893, is a small congregation that hosts community events such as music lessons, a jazz concert, and a thrift shop. It’s seeking funds to paint and reshingle its bell tower.
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Zion Lutheran Church Long Valley was built in German Valley in 1832, and the Gothic Revival-style building has been expanded over the years to fit the needs of the congregation, which currently numbers about 100.
Zion Lutheran sought a grant to repair stained glass windows in its sanctuary.
In her decision on November 27, federal District Judge Evelyn Padin cited the U.S. Supreme Court’s decision in Carson v. Makin, “A neutral benefit program in which public funds flow to religious organizations through the independent choices of private benefit recipients does not offend the Establishment Clause.”
In order not to violate the Free Exercise clause of the First Amendment, a regulation must be narrowly tailored to advance a government interest.
Padin found the county rule excluding religious institutions from funding is likely a violation of the First Amendment because it is not narrowly tailored.
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