by Jorge Gomez • 2 minutes
Great news! We just secured an important win for two houses of worship we’re representing in New Jersey.
A federal district court issued a decision in favor of our clients, The Mendham Methodist Church and The Zion Lutheran Church Long Valley. First Liberty—alongside volunteer attorneys at Jones Day and the Pepperdine Religious Liberty Clinic—filed a lawsuit last spring on behalf of the churches, as they were being excluded from a public grant program created to preserve and restore historic landmarks.
The court granted our request for a preliminary injunction and made clear that houses of worship cannot be excluded from generally available public benefits—such as historic preservation grants. The ruling allows Morris County to once again include churches in its Historic Preservation Trust Fund, as it had done for many years.
“All forms of religious discrimination by the government are unconstitutional, including the denial of historic preservation grants to historic churches,” said First Liberty Senior Counsel Jeremy Dys. “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 grant preservation program was created in 2003. For more than a decade churches and religious organizations with historical significance were eligible for––and received––funding. Morris County distributed a total of $4.6 million in public aid to churches. Funds went toward repairing historic buildings—from roofs to bell towers, stained-glass windows and ventilation systems.
In 2018, however, the New Jersey Supreme Court ruled that Morris County’s long-standing practice of providing historic preservation grants to churches violated the state constitution.
Even though the county wanted to continue this long-standing practice of providing aid to churches, that ruling prevented it from allocating the funds.
While churches have been excluded, buildings that operate for exclusive functions and private purposes—such as the Morristown Community Theater, the Madison Masonic Lodge, the Woman’s Club of Morristown, and even a local restaurant—continued to receive historic preservation funds.
The district court’s recent ruling cited First Liberty’s landmark victory in our “Treat Children Fairly” case, Carson v. Makin. In Carson, the U.S. Supreme Court ruled that that all government assistance programs must treat religious organizations the same as everyone else, and funds can’t be denied simply because program participants are religious.
Houses of worship, religious organizations and people of faith should not be treated more harshly than their secular counterparts. The Constitution and our federal laws prohibit such discrimination.
Allowing churches an equal opportunity to receive public funding also benefits every person in the community. The architecture of historic houses of worship are seen by all citizens and residents. Restoring and preserving historic churches enriches everyone, not just the congregants.
This is an encouraging victory to ensure that houses of worship are treated fairly. But the battle to secure religious freedom for houses of worship in America is far from over. Churches, temples and synagogues continue to confront violations of their rights and freedoms. Please donate to First Liberty today, so we can keep fighting—and winning—for houses of worship across our country.
Multiply Your Impact With a Special $500,000 Matching Grant
Thank you for your continued prayers and support. All year long, you have been the true difference-maker in securing the future of religious freedom.
December is your opportunity to deliver more landmark and historic victories in the fight for faith. Your gift this month will help First Liberty replenish our resources for the battles ahead—including our two cases pending at the U.S. Supreme Court and the hundreds of cases we’ll handle in the coming year.
This is a make-or-break moment for religious freedom. We need your support to win more cases that will protect our clients and the freedom of you, your children and grandchildren.
Thanks to our $500,000 Matching Grant, your gift before midnight December 31 will have a multiplied impact in the fight to secure the future of faith and freedom.
Will you join us in the fight to protect religious freedom?
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