The Supreme Court justice called the limits “pure discrimination,” but he and other conservatives agreed not to take the case.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow March 4 at 1:09 PM The justices appointed by President Trump to the Supreme Court said Monday that the court should protect the ability of churches and other religious organization to receive historic preservation funds from local governments.
Nonetheless, the three agreed with the Supreme Court’s decision to stay out of a New Jersey case in which the state’s highest court said awarding historic preservation grants to churches with active worship programs violated the state constitution. The justices indicated in that argument that they might be looking for a narrow way to leave in place the cross, erected nearly 100 years ago by private families and organizations as a memorial to World War I dead. It was erected on private land now overseen by a government commission.
The New Jersey court said: “This case does not involve the expenditure of taxpayer money for non-religious uses, such as the playground resurfacing in Trinity Lutheran. The appeal instead relates to grants that sustain the continued use of active houses of worship for religious services and finance repairs to religious imagery. In our judgment, those grants constitute an impermissible religious use of public funds.
The combined cases were Morris County Board of Freeholders v. Freedom From Religion Foundation and The Presbyterian Church in Morristown v. Freedom From Religion Foundation.
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