Churches win preliminary injunction against exclusion from historical preservation program
Client(s) Mendham United Methodist Church; Zion Lutheran Church Long Valley
Jones Day recently earned a significant legal victory on behalf of two New Jersey churches, Mendham Methodist Church and Zion Lutheran Church Long Valley, protecting their constitutional right to equal access to public funding. Morris County, New Jersey, provides grants to preserve historic buildings. However, in 2018, the New Jersey Supreme Court concluded that the state constitution required excluding buildings that host religious worship activities, even if otherwise eligible for funding. The County then adopted a rule against buildings used for religious purposes or functions. Applying that rule, the County denied historic preservation funds to Mendham Methodist Church and Zion Lutheran Church Long Valley, due to their continued active use as churches. In partnership with First Liberty, Roselli Griegel Lozier P.C., and Pepperdine's Hugh and Hazel Darling Foundation Religious Liberty Clinic, Jones Day challenged the County's rule in federal court. Relying on the U.S. Supreme Court's decisions in Carson v. Makin, 596 U.S. 767 (2022), and Espinoza v. Montana Department of Revenue, 591 U.S. 464 (2020), Jones Day argued that excluding the Churches from eligibility for a public benefit solely because of their religious activities violated core First Amendment principles. On November 27, following argument presented by Jones Day associate Chris Pagliarella, the district court granted a preliminary injunction preventing the County from excluding the Churches from eligibility during the case's proceeding. As a result, the Churches may now apply for funding on equal terms with other historic buildings—without having to sacrifice their religious services—pending final decision in the case.
Mendham Methodist Church et al. v. Morris County et al., No. 23-cv-2347, 2024 WL 4903677 (D.N.J. Nov. 27, 2024)
