The Supreme Court has made it clear that religion must be treated equally and government hostility and discrimination toward religion is wrong. However, that did not stop the Supreme Court of New Jersey. Mendham Methodist Church and Zion Lutheran Church Long Valley in Morris County, NJ are now being excluded from consideration for a historic building preservation grant – which they had previously qualified for.
Both churches wanted to be part of the long-standing Morris County (NJ) Historic Preservation Trust Fund. This should not have been a problem or a surprise, because churches in the county were previously granted access to the fund and were considered as historic buildings worthy of preservation.
However, church buildings abruptly became disqualified in 2018 when the New Jersey Supreme Court ruled that religious institutions no longer qualified – contrary to previous years and their long-standing inclusion in the Historic Preservation Trust Fund of Morris County. The court found that the use of taxpayer dollars through preservation grants was “unconstitutional” and violated the New Jersey Constitution when used for restoring a historic church building (or religious institution). This new ruling reversed a lower court decision, precluding churches from benefiting from the grant program, which Morris County implemented the new ruling through a policy change, prohibiting churches from participating in the program.
Since that time, however, the U.S. Supreme Court has ruled several times that the federal Constitution prohibits the exclusion of religious institutions from generally available public funding programs simply because of their religious activities.
States and local governments that choose to provide a generally available public benefit — such as historic preservation grants — cannot exclude an otherwise-qualified applicant solely because the applicant happens to be, and operates as, a house of worship. The grants are about promoting and supporting historic preservation. Restoring and preserving historic churches enriches the entire community.
Simply put, excluding otherwise-eligible religious organizations from public benefits solely because of the organizations’ religious exercise is “pure discrimination against religion.”
First Liberty Institute, Jones Day, the Pepperdine Religious Liberty Clinic, and Roselli Griegel Lozier & Lazzaro, P.C., filed a federal lawsuit on behalf of The Mendham Methodist Church and The Zion Lutheran Church Long Valley in the United States District Court for the District of New Jersey against Morris County. The suit challenges the County’s implementation of a state-court ruling that mandated the exclusion of churches. In the churches’ lawsuit, their attorneys argued, “[the County’s] requirement that eligible buildings not be used for religious purposes or functions… constitutes intentional…discrimination and targeting against religion in violation of the Free Exercise Clause of the First Amendment to the United States Constitution[.]”
Though the U.S. Supreme Court denied a petition to hear a similar case in 2019, Justice Brett Kavanaugh, joined by Justices Samuel Alito and Neil Gorsuch, said in a separate statement that New Jersey’s law appeared to violate the U.S. Constitution. The three Justices wrote, “Barring religious organizations because they are religious from a general historic preservation grants program is pure discrimination against religion.”
Architecture is part of the community and belongs to all the people, not only the congregants of the churches. The historic nature of these churches must be preserved, and it is illegal for the Morris County to discriminate and exclude churches because of religion.
In November 2024, the United States District Court for the District of New Jersey issued a preliminary injunction on behalf of The Mendham Methodist Church and The Zion Lutheran Church Long Valley, stopping the Morris County policy that excludes churches from the Morris County Historic Preservation Trust Fund.
A copy of the decision can be found here.
“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,” said Jeremy Dys, Senior Counsel with First Liberty Institute. “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.”
News Release
For Immediate Release: 4.28.23
Contact: Peyton Luke, media@firstliberty.org
Direct: 972-941-4454
New Jersey Churches Excluded from Historic Preservation Grant Sue County for Religious Discrimination
Churches sue for religious discrimination and unequal treatment following exclusion from grant funds, which were formerly allowed
Trenton, NJ—First Liberty Institute, Jones Day, and the Pepperdine Religious Liberty Clinic filed a federal lawsuit on behalf of The Mendham Methodist Church and The Zion Lutheran Church Long Valley in the United States District Court for the District of New Jersey against Morris County. The suit challenges the County’s change of policy to exclude churches from the Morris County Historic Preservation Trust Fund. While centuries-old churches are excluded from the historic preservation program, grant recipients have included a theater, a Masonic lodge, and a restaurant.
A copy of the complaint can be found here.
“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 with First Liberty Institute. “The Supreme Court has made it abundantly clear that religious institutions cannot be excluded from public funding programs like preservation grants simply because of their religious character or religious activities.”
In 2018, the New Jersey Supreme Court ruled that Morris County’s long-standing practice of providing historic preservation grants to churches violated the New Jersey Constitution. The ruling reversed a lower court decision, and it precludes churches from benefiting from the grant program. Morris County then implemented that court ruling through a policy change that prohibits churches from participating in the program. However, since that time, the U.S. Supreme Court has ruled that the federal Constitution prohibits the exclusion of religious institutions from generally available public funding programs simply because of their religious character or religious activities. States and local governments that choose to provide a generally available public benefit — such as historic preservation grants — cannot exclude an otherwise-qualified applicant solely because the applicant happens to be, and operate as, a house of worship. The grants are about promoting and supporting historic preservation. Restoring and preserving historic churches enriches the entire community.
Though the U.S. Supreme Court denied an application to hear the case the case in 2019, Justice Brett Kavanaugh, joined by Justices Samuel Alito and Neil Gorsuch, said New Jersey’s law appeared to violate the U.S. Constitution in a dissent from denial of cert. “Barring religious organizations because they are religious from a general historic preservation grants program is pure discrimination against religion.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Peyton Luke at media@firstliberty.org.
News Release
For Immediate Release: 12.2.24
Contact: Peyton Drew, media@firstliberty.org
Direct: 972-941-4454
Federal Court Stops New Jersey County from Excluding Churches from Historic Preservation Grant
Churches filed lawsuit for religious discrimination and unequal treatment following
exclusion from grant funds, which were formerly allowed
Trenton, NJ—The United States District Court for the District of New Jersey issued a preliminary injunction on behalf of The Mendham Methodist Church and The Zion Lutheran Church Long Valley in Morris County, stopping a Morris County policy that excludes churches from the Morris County Historic Preservation Trust Fund. While centuries-old churches are excluded from the historic preservation program, grant recipients have included a theater, a Masonic lodge, and a restaurant. First Liberty Institute, Jones Day, Roselli Griegel Lozier, P.C., and the Pepperdine University Religious Liberty Clinic filed a federal lawsuit on behalf of The Mendham Methodist Church and The Zion Lutheran Church Long Valley.
A copy of the decision can be found here.
“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,” said Jeremy Dys, Senior Counsel with First Liberty Institute. “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.”
The now-blocked policy arose from a 2018 New Jersey Supreme Court ruling, which held that Morris County’s long-standing practice of providing historic preservation grants to churches violated the New Jersey Constitution. The ruling reversed a lower court decision, and it precludes churches from benefiting from the grant program. Morris County then implemented that court ruling through a policy change that prohibits churches from participating in the program. Though the U.S. Supreme Court denied an application to review the New Jersey ruling in 2019, Justice Brett Kavanaugh, joined by Justices Samuel Alito and Neil Gorsuch, said New Jersey’s law appeared to violate the U.S. Constitution in a dissent from denial of cert, saying, “Barring religious organizations because they are religious from a general historic preservation grants program is pure discrimination against religion.”
Since Justice Kavanaugh’s writing, the U.S. Supreme Court has ruled, in cases like Espinoza v. Montana Dept. of Revenue and Carson v. Makin, that the federal Constitution prohibits the exclusion of religious institutions from generally available public funding programs simply because of their religious character or religious activities, resulting in today’s injunction. States and local governments that choose to provide a generally available public benefit — such as historic preservation grants — cannot exclude an otherwise-qualified applicant solely because the applicant happens to be, and operate as, a house of worship. The grants are about promoting and supporting historic preservation. Restoring and preserving historic churches enriches the entire community.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Peyton Drew at media@firstliberty.org.
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