Preserve our religious buildings

Richard A. Sokerka

An important part of our state’s heritage is the historic buildings that dot the landscape of our state.

Among them are many that mark the long history of our faith. Indeed, many of our churches are listed on the state and national historic registries.

Over the years, efforts to save some of these structures for future generations have been aided by money from historic preservation trust funds established by the New Jersey counties where these religious buildings are located.

Morris County had an established grant program to help maintain these historic religious buildings within its boundaries. But in 2015, the Freedom From Religion Foundation (FFRF) sued, claiming that Morris County was violating the N.J. Constitution by funding churches as part of its preservation grant program. Morris County initially won its case in a New Jersey superior court in 2017, but in 2018 the N.J. Supreme Court overturned that ruling. Morris County, represented by Becket, appealed to the U.S. Supreme Court. On March 4, the Supreme Court declined to review the case, but Justices Kavanaugh, Alito, and Gorsuch issued a statement making clear that barring sites from a historic preservation program because they are religious creates “serious tension with this Court’s religious equality precedents.” The decision by the state Supreme Court prevented the award of trust fund money for historic preservation to 12 churches in Morris County.

But Assemblyman Anthony Bucco (R-Morris) has introduced a resolution (ACR235) proposing a constitutional amendment allowing the use of historic preservation trust fund money to continue to preserve these historic religious buildings.

“Some of these structures played significant roles in our history,” said Bucco. “It is critically important to provide a mechanism for the counties to continue to provide funding from our historic preservation trust funds to preserve these historic structures.”

The resolution is the first step in placing the constitutional amendment on the ballot. The amendment would require approval from the voters in a general election.

Houses of worship that have historical significance should qualify for the same benefits as other historically significant sites. The N.J. Supreme Court decision excluding religious organizations from generally available government programs is clearly discrimination against religion.

Swift action by lawmakers in placing a constitutional amendment on the ballot for voters to decide will rectify the court’s egregious ruling.