US Supreme Court Won't Hear Morris Co. Church Restoration Ruling

MORRIS COUNTY, NJ — The United States Supreme Court has declined to review a ruling that barred Morris County from giving taxpayer funded grants to fund historic preservation efforts at local churches. The New Jersey State Supreme Court ruling will now stand.

An April 2018 State Supreme Court ruling found that Morris County's practice of giving historic preservation grants to local churches violated the state constitution. The Board of Chosen Freeholders was sued by the Wisconsin based non-profit Freedom From Religion Foundation and David Steketee, a member of the group and a Morris County resident, who sought to stop the practice.

The United States Supreme Court was the county's final avenue for an appeal. Because the court declined to hear the case, the lower court's ruling will be final.

"I was elated to see the ruling this morning," Steketee said in a statement. "Whether or not my fellow New Jersey residents agree with the outcome or not, they nevertheless have had their rights protected. I’m deeply honored by the hard work all the lawyers put into this case over the years. The millions of residents throughout New Jersey and I are forever in FFRF’s debt for helping us to stand up for our rights."

"The U.S. Supreme Court’s denial binds the county to the New Jersey Supreme Court’s ruling which exclude religious organizations from applying for and/or receiving county historic preservation program grants. We believe that the county’s preservation program was created for a secular purpose: to preserve all historic landmarks. Our preservation grant program was created for all historic sites, including our magnificent houses of worship, some of which date back to the 1700s," Freeholder Director Doug Cabana said on Monday. (The State Supreme Court previously said intent did not matter.)

Cabana said the county would continue to provide restoration grants to non-religious institutions in 2019.

In declining to hear the case, Supreme Court Justice Brett Kavanaugh said it might be necessary to revisit the question of church funding at another time, but not yet.

"At some point, this Court will need to decide whether governments that distribute historic preservation funds may deny funds to religious organizations simply because the organizations are religious. But at this point and in this case, it is appropriate to deny certiorari, for two main reasons," Kavanaugh wrote in an opinion, adding that the factual details of the program are not clear, and that a recently-decided case was too similar to make this case necessary yet. Justices Samuel Alito and Neil Gorsuch joined the opinion. The other six justices refused to hear the case without comment.

Between 2012 and 2015, over $11 million was awarded to churches to restore buildings, towers, windows, and other items as part of the county's historic preservation grant program. All twelve are Christian churches.

"The use of public funds to pay for those repairs violated the plain language of the Religious Aid Clause," New Jersey Supreme Chief Justice Stuart Rabner wrote.

"The [Religious Aid] clause does not ask about the governing body's intent— that is, whether the authorities meant to fund repairs to churches, to preserve history and promote tourism, or both," Rabner said.

The Religious Aid Clause of the New Jersey Constitution reads: "[no] person be obliged to pay tithes, taxes or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right or has deliberately and voluntarily engaged to perform."

Morris County's appeal to the United States Supreme Court was filed by the Becket Fund for Religious Liberty, who provided their services pro bono.