Judge Backs Long Valley Church In Religious Discrimination Case

LONG VALLEY, NJ — Two Morris County churches, including Zion Lutheran, have won a preliminary injunction against a county policy that bars them from receiving tax dollars for preserving their historic structures.

The ruling, issued earlier this month by U.S. District Court Judge Evelyn Padin, allows the churches to apply for funding from Morris County’s Historic Preservation Trust Fund, though it does not guarantee they will receive it.

“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, a nonprofit supporting the churches in the lawsuit.

The injunction follows a 2023 lawsuit challenging the county’s policy of excluding religious institutions from the grants, which are funded by county property taxes.

The Historic Preservation Trust Fund, established in 2003, had previously allowed churches and other religious organizations to apply for grants.

However, a 2018 ruling by the New Jersey Supreme Court struck down this practice, finding that public funds could not be used to repair or restore churches, citing the state's Religious Aid Clause.

In the court's 2018 opinion, State Supreme Court Chief Justice Stuart Rabner wrote that "the plain language of the Religious Aid Clause bars the use of taxpayer funds to repair and restore churches, and that Morris County's program ran afoul of that longstanding provision."

Before the state Supreme Court's ruling, Zion Lutheran Church received $27,760 from the county’s historic preservation fund in 2017. The funds were used to implement a preservation plan, including a comprehensive study of the church’s structure to identify priority areas for restoration within the limited budget.

"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," Dys added.

Zion Lutheran Church, established in 1832 in Long Valley, has completed several preservation projects over the years, including adding a bell tower, narthex, and steeple in 1861, as well as expanding the building in 1938 and 1967.

Church officials say the building now requires further preservation to maintain its structural and historical integrity.

"Without funding to perform necessary upkeep on the building, this 190-year-old historic building is at risk of falling into disrepair," the lawsuit stated.