NJ Catholic Archdiocese Gives Up Legal Battle Over Tombstones

ESSEX COUNTY, NJ — The Archdiocese of Newark has given up a long-running legal fight against a state ban on private religious cemeteries’ ability to sell headstones in New Jersey. The church announced its decision to forgo an appeal on Friday prior to a March 26 filing deadline.

The archdiocese serves Catholic parishes and schools in Essex, Bergen, Union and Hudson counties and has about 1.3 million congregants. It also maintains several cemeteries throughout its territory.

The legal battle dates back to 2013, when the archdiocese tried to expand a program to provide parishioners buried in its cemeteries with church-owned and maintained tombstones. Industry trade group the Monument Builders Association of New Jersey sued the archdiocese, arguing that the church had an unfair business advantage due to its tax-exempt status and relationship with its community members.

The lawsuit failed, but state legislation passed two years later effectively outlawed the practice. The archdiocese had been trying to fight the ban until their decision last week, the Associated Press reported.

Archdiocese spokesperson Jim Goodness said Friday that the church still thinks the ban on selling tombstones is “unjust” and keeps parishioners from exercising their “freedom of choice” to select a memorial provider.

Goodness added:

“However, following a thorough evaluation of the matter, including the time and energy required to seek an ultimate resolution of the issue through a lengthy appeal process, we have decided to cease any further efforts to challenge the law. We wish to thank the staff of the Institute for Justice for their legal expertise and professional support over these many months.”

Goodness added that the decision will not affect the more than 800 parishioners within the Archdiocese of Newark who already have purchased inscription rights for monuments within its cemeteries.

“Catholic Cemeteries of the Archdiocese will honor those commitments at their proper time,” Goodness said.

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