Morris Co. Appealing SCONJ Ban On Taxpayer Money For Churches

MORRIS COUNTY — The Morris County Board of Freeholders is appealing the recent Supreme Court of New Jersey ruling that found their practice of giving taxpayer funded historic preservation grants to churches was unconstitutional.

The board voted unanimously on Monday to let Becket Fund for Religious Liberty file an appeal to the state's highest court. Becket has agreed to take the case on pro bono, and the appeal will not cost taxpayers any money, the board said.

Last month the state supreme court found that the historic preservation grants, which are taxpayer-funded, violates the Religious Aid Clause of the state constitution, Chief Justice Stuart Rabner wrote in the ruling.

• Read More: Morris Co. Can't Use Taxpayer Money To Fix Churches: SCONJ

"The county’s historic preservation trust fund program had long allowed religious institutions to seek grants for historic projects. It has not differentiated between religious and secular organizations when it comes to our history The county’s preservation program was created for a secular purpose: to preserve historic landmarks," Freeholder Doug Cabana said in a statement.

Rabner said in his April ruling that the intent of the grant did not matter.

"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 wrote.

The Board said they would not comment further because the case is in litigation.

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