139 S. Ct. 909
SCOTUS2019Background
- Morris County, NJ runs a historic-preservation grants program that funds preservation of local historic buildings.
- The County excluded religious buildings (churches, synagogues, mosques, etc.) from eligible projects under a New Jersey law as interpreted by the New Jersey Supreme Court.
- Petitioners (Morris County and allied entities) challenged the exclusion as unconstitutional religious discrimination under the First and Fourteenth Amendments.
- The New Jersey Supreme Court upheld the exclusion; the petitioners sought certiorari to the U.S. Supreme Court.
- The Supreme Court denied certiorari on March 4, 2019; Justice Kavanaugh issued a statement respecting the denial expressing concern the state-court ruling conflicts with this Court’s religious-equality precedents.
- Kavanaugh noted factual uncertainty about the scope of the county program and the recentness of Trinity Lutheran as reasons to deny certiorari now, while indicating he views categorical exclusion of religious organizations from such funding as constitutionally suspect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether excluding religious buildings from a general historic-preservation grant program violates the Free Exercise and Equal Protection Clauses | Exclusion is religious discrimination: government may not deny benefits to organizations solely because they are religious | State law/regulation permits or requires exclusion of religious uses from the program; no federal constitutional violation | Certiorari denied; Supreme Court did not decide on the merits (Kavanaugh: exclusion likely raises serious constitutional questions) |
| Whether Trinity Lutheran and related precedents require strict scrutiny or prohibition of such exclusions | Trinity Lutheran indicates states cannot deny neutral benefits to religious entities solely for being religious | Lower courts can distinguish program scope or other factual differences from Trinity Lutheran | Denial of certiorari; Kavanaugh urged future review given legal tension but declined to grant now due to factual and doctrinal development concerns |
Key Cases Cited
- McDaniel v. Paty, 435 U.S. 618 (statute barring ministers from office held unconstitutional as religious discrimination)
- Larson v. Valente, 456 U.S. 228 (government may not discriminate among religious denominations)
- Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (laws targeting religious beliefs are impermissible)
- Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U.S. 872 (government may not impose special disabilities on the basis of religious status)
- Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 (state cannot deny public benefit to a religious institution solely because it is religious)
- Good News Club v. Milford Central School, 533 U.S. 98 (exclusion of religious group from public-facility access unconstitutional)
- Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819 (refusal to fund religious speech among university publications violated the Free Speech Clause and religious equality principles)
- Lamb’s Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384 (denial of access to school facilities for religious speech unconstitutional)
- Locke v. Davey, 540 U.S. 712 (permissible to withhold funding for training of clergy under state scholarship program)
- Lee v. Weisman, 505 U.S. 577 (limits on government-sponsored prayer at public school events)
- Marsh v. Chambers, 463 U.S. 783 (permissible legislative prayer where longstanding tradition exists)
- County of Allegheny v. American Civil Liberties Union, Greater Pittsburgh Chapter, 492 U.S. 573 (limitations on government religious displays)
- Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (religious exercise claims by for-profit closely held corporations)