The U.S. Supreme Court refused to hear a case that involves Morris County in New Jersey giving public tax dollars to churches and other religious institutions for historic preservation purposes.
The ruling resolved a four year battle over public money and historic churches. The New Jersey Supreme Court ruled that Morris County could no longer give preservation grants to 12 churches, Fox News is reporting.
The Supreme Court’s refusal to hear the case was unanimous but three justices, Brett Kavanaugh, Neil Gorsuch and Samuel Alito said the issue should be addressed soon.
JUST IN: Supreme Court refuses to hear church request for historic preservation funds https://t.co/79egfVYIen pic.twitter.com/TJvFQzGUdV
— The Hill (@thehill) March 4, 2019
Justice Brett Kavanaugh wrote “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.”
Kavanaugh made the point that just because the Supreme Court declined to take up the case does not mean it agrees with the lower courts ruling.
“Barring religious organizations because they are religious from a general historic-preservation grants program is pure discrimination against religion,” he wrote.
Kavanaugh made the valid point that denying the churches funds for preservation simply because they are religious institutions “would raise serious questions under this Court’s precedents and the Constitution’s fundamental guarantee of equality.”
Along these lines it’s worth noting that SCOTUS recent reversed a law that would have prevented public funds from being used to make the playground safer at a Lutheran school.
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