Morris Co. Asks Supreme Court To Review Historic Grant Ruling

MORRIS COUNTY, NJ — Several months after the New Jersey State Supreme Court ruled that Morris County could not give historic preservation grants to churches, the county has appealed to the United States Supreme Court.

“In Morris County, we want to preserve all of our historical sites, including our magnificent houses of worship, some of which date back to the 1700s and were designed by the leading architects of their time,” said Morris County Freeholder Director Doug Cabana. “Preserving the character and beauty of our county is a critical element of the county’s cultural and economic success.”

The historic preservation grants, which are taxpayer-funded, violate the Religious Aid Clause of the state constitution, Chief Justice Stuart Rabner wrote in an April ruling against the county. The county announced their intent to appeal the next month.

The Morris County Board of Chosen Freeholders was sued by the Wisconsin based atheist non-profit Freedom From Religion Foundation and David Steketee, a member of the group and a Morris County resident. The Somerset County court first ruled in favor of the Freeholders in 2017 before the state Supreme Court took up the case.

Between 2012 and 2015, over $11 million was awarded to churches to restore buildings, towers, windows, and other items. All twelve are Christian churches.

This current legal battle is not expected to cost the taxpayers. The Becket Fund for Religious Liberty has agreed to represent the county pro-bono.

The odds of the county's case being heard by the U.S. Supreme Court is slim. The court hears less than 150 cases per year out of the 7,000 its asked to consider (that's about two percent of all cases). They also tend to pick cases that have national implications, or issues that have been settled differently by different courts across the country. The court heard a similar issue during the 2017 term, where it ruled that churches have the right to participate in generally available public programs.

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