BY Benjamin ClarkDecember 4, 2024
3 months ago
BY 
 | December 4, 2024
3 months ago

New Jersey Churches Granted Access To Historic Preservation Funds

In a landmark ruling, a U.S. District Judge has declared that churches in New Jersey are entitled to partake in state historic preservation grants.

A federal judge ruled that excluding religious institutions from New Jersey's historic grant program violates constitutional principles, the Christian Post reported.

President Joe Biden’s appointee, Judge Evelyn Padin, issued an opinion last week in response to a lawsuit filed by The Mendham Methodist Church and The Zion Lutheran Church Long Valley. These churches challenged their denial of funding, claiming discrimination based on their religious nature.

This legal battle focuses on Rule 5.6.4 of New Jersey's Historic Preservation Grant Program, which previously barred funding for properties used for religious purposes. Judge Padin emphasized that this rule likely violates the Free Exercise Clause of the U.S. Constitution by indiscriminately excluding these institutions from eligibility.

Historic Churches Challenge Preservation Grant Rule

Historically, the Freedom From Religion Foundation sued Morris County in 2015 after it allocated $4.6 million to various churches between 2012 and 2015. This lawsuit led to a 2018 New Jersey Supreme Court decision against Morris County, citing a violation of the state constitution which led the county to revise its policies, thereby excluding houses of worship from receiving grants.

In response, The Mendham Methodist Church and The Zion Lutheran Church filed their complaint in April 2023. They alleged that the exclusion from the grant program constituted discrimination based on their status as religious entities.

Representing the churches, Jeremy Dys from First Liberty Institute argued successfully that excluding these historic churches from receiving preservation grants constituted religious discrimination, a stance that U.S. Supreme Court precedents also support.

Court Reacts To Historic Preservation Grant Policy

"The plain language of the Religious Aid Clause bars the use of taxpayer funds to repair and restore churches, and Morris County's program ran afoul of that long-standing provision," remarked Supreme Court Chief Justice Stuart Rabner in 2018. Despite this stance, the federal court's recent decision reflects a growing recognition that churches can safely participate in publicly funded programs aimed at preserving historical sites without breaching the constitutional separation of church and state.

"Rule 5.6.4 does not limit funding to religious institutions to secular aspects of repair. Instead, it excludes the institutions from eligibility wholesale because they are religious institutions," noted Judge Padin in her decision. This ruling emphasizes that the eligibility for funding should not be influenced by an institution's religious character, aligning with the tendency of U.S. courts to protect religious freedom against discriminatory policies.

Jeremy Dys expressed his satisfaction with the court's decision, citing it as a victory for religious institutions: "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."

Implications of the Federal Ruling on Grant Eligibility

This judgment sets a significant precedent that may influence how public funds are allocated to religious entities across various states. It underscores the necessity of distinguishing between the religious activities conducted within the properties and the historical significance of the buildings themselves.

As a result of Judge Padin's injunction, Morris County must revisit its grant policies to ensure compliance with the federal mandate, potentially reopening the door for other religious institutions to apply for preservation funding.

In conclusion, this case not only rectifies the immediate grievances of The Mendham Methodist Church and The Zion Lutheran Church but also delineates clearer guidelines for the participation of religious organizations in public grant programs aimed at preserving America's historical heritage.

Written by: Benjamin Clark

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