American Civil Liberties Union of New Jersey, Unitarian
139 A.3d 92
N.J. Super. Ct. App. Div.2016Background
- The New Jersey Department of Higher Education awarded GO Bond Act and HETI grants (totaling ≈ $11.3 million) to two sectarian institutions: Beth Medrash Govoha (Yeshiva) and Princeton Theological Seminary (Seminary).
- Yeshiva's projects: new library/research center and classroom renovations; institution provides extensive Talmudic/religious instruction and limits undergraduate admission to men; some ordination/clerical training exists.
- Seminary's projects: IT/library and classroom/remote-learning upgrades; institution provides mandatory religious instruction in its M.Div. program and primarily serves Christian ministerial formation.
- Plaintiffs (ACLU-NJ, UULM-NJ, and individuals) sued seeking to enjoin disbursement, arguing the grants violate Article I, ¶ 3 of the New Jersey Constitution (prohibiting public support of churches/ministers), plus other state constitutional provisions and the Law Against Discrimination.
- The Appellate Division held that Resnick v. East Brunswick Bd. of Educ., 77 N.J. 88 (1978), controls and invalidates the grants under Article I, ¶ 3; the court reversed and did not reach the other claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grants to sectarian colleges for capital improvements violate N.J. Const. art. I, ¶ 3 (prohibition on public support of churches/ministers) | Grants fund religious instruction and ministerial training; Article I, ¶ 3 bars public funds for maintenance/support of any minister or ministry | Grants fund secular-looking facilities (classrooms, libraries, IT) and benefit higher-education goals; not equivalent to maintaining a minister/ministry | Court: Resnick controls — Article I, ¶ 3 prohibits such subsidized support; grants invalidated |
| Whether Resnick remains controlling precedent or should yield to later federal trends | Plaintiffs rely on Resnick as authoritative state precedent interpreting Article I, ¶ 3 | State argues federal Establishment Clause jurisprudence has evolved and Resnick should be narrowed or distinguished | Court: As an intermediate appellate court, bound by Resnick; declines to reexamine Resnick’s construction and follows it to reverse grants |
Key Cases Cited
- Resnick v. East Brunswick Twp. Bd. of Educ., 77 N.J. 88 (N.J. 1978) (state constitutional prohibition on subsidizing religious organizations required subsidized users to fully reimburse costs; arrangement allowing under‑cost use invalidated)
- Pope v. East Brunswick Bd. of Educ., 12 F.3d 1244 (3d Cir. 1993) (discussing Resnick and finding incidental costs for student groups de minimis under Article I, ¶ 3)
- S. Jersey Catholic Sch. Teachers Org. v. St. Teresa of the Infant Jesus Church Elementary Sch., 150 N.J. 575 (N.J. 1997) (interpreting state religious‑liberty provisions in contexts related to religious schools)