New Jersey Ruling Could Reignite Battle Over Church-State Separation

Apr 24, 2018 · 25 comments
Phil (Peru, VT)
NJ Transit is historic and worn out.......put some of that "historic preservation dough" on the tracks.
JPC (Rio Rico, Az.)
It has been my experience that within these congregations are contractors capable of repairing the temples that stand as physical expressions of their religious beliefs. Allow them to come forward and apply their expertise, and their qualified labor force, to whatever maintenance issues might apply. Short of that, how about taking the money spent on legal fees and the assorted costs of litigation against the State or United States Constitution, and apply it instead to the repair of their sacred edifices? Too often, it seems that funky separation thing becomes confused by believers to mean it was intended to create the opportunity to provide a challenge to the obvious fact that "separation" means everybody wins if we leave each other alone!
Al (NJ)
Actually, I’d prefer that instead of wasting taxpayers’ money on legal battles against the ever-expanding definition of “religious freedom” (ie, “freedom” from financing one’s own religious practices, beliefs & even ability to discriminate), that we fund housing, healthcare & other basic needs.
rt1 (Glasgow, Scotland)
Do what the Austrians have done - landmarks are owned by the state and rented to others including churches. Cultural history can be preserved and rental fees can be used for maintainance
Lizbeth (NY)
Funny how religious groups have no qualms about not paying taxes, but as soon as they see an opportunity to use money collected through taxes they jump on it. They should put the money they save by not paying taxes towards their renovations.
M. Henry (Michigan)
Separation of church and state means exactly that, no exceptions. NO taxpayer's handouts. If a church or religion cannot survive on it's own, then let it go. We have many more important areas to fund for all citizens than religion. Religion is so very delusional.
jcs (nj)
The churches should have to pay back the grant money.
frank monaco (Brooklyn NY)
It is becoming a slippery slope we are going down. I Truly believe in Seperation of Church and State. If a religious organization can not get the funds for upkeep from their followers I don't believe the city, or state should interviene. Whether it's a Christian Church, A jewish Temple, a Islamic mosque or whatever other Religious Denomination.
mrpoizun (hot springs)
This is so simple. Those churches do not pay taxes so they do not get tax money back, for buildings, or playgrounds either. There is no gray area here.
Gene Provost (Wantage NJ)
While I agree that the First Amendment's Establishment Clause should be strictly interpreted so as to bar any government funding or support of religion, and that to paraphrase Ben Franklin, any religion that does not support itself so that it is obliged to seek help from civil authorities is a sign of it's not being a worthwhile religion, the New Jersey Supreme Court did not rely on the Federal Constitution's Establishment Clause to declare the county funding unconstitutional. It carefully reviewed the history of New Jersey's Religious Aid Clause, expressly noting that it predated the US Constitution and remained a fixture of the New Jersey Constitution from it inception in 1776, through the constitution revisions of 1844 and 1947. The granting of funds to religious institutions was contrary to the plain language of New Jersey's Religious Aid Clause. And rightfully so.
SBS (South Ferry Hills, NY)
If a religious institution is exempt from paying property tax, as most are, isnt this meaningful support already? Why should taxpayers be obligated to provide more?
MJ (New England)
Touro Synagogue in Newport, RI is the oldest surviving Jewish house of worship in the continental US. In 1946 it was chosen to become a National Historic Shrine (today Site) not only for its architectural distinction but also because of the role it played in President Washington's guarantee of religious freedom to all citizens of the newly formed United States. Its small congregation has proudly borne the burden of caring for it without federal or state financial assistance, relying instead on grants, loans, donations, and creative fundraising, keeping faith with Washington's centuries-old promise.
Steve Pazan (Barrington, NJ)
These are difficult cases. If the stained glass windows were removed from this church after the congregation chose to raze the building for inability to maintain it, and the windows were then loaned to the Museum of the State of NJ, could we use public money to restore and mount them as an art exhibit? As art, don’t the windows have even more significance when viewed in situ? The idea of some public money going to institutions that espouse religious doctrine doesn’t offend me, provided that there is some objective architectural historical or artistic value recognized by reasonable people who are unaffiliated with that creed. Sure Y, some of the readers so offended by any of their tax dollars going to religious institutions think nothing of going to the countless museums supported by tax dollars and filled with religious and church commissioned artworks. That seems a little hypocritical to me, and may simply be a knee jerk opposition to organized religion. On the other hand, before we built the museum of the Native American at the Smithsonian in DC, we did practically destroy their cultures. Incidentally, I sincerely doubt that the mainstream Presbyterian congregation in Morristown would ever make anyone who wanted to study or admire the church feel unwelcome inside or out of the building. It’s just not how these folks roll. Maybe that should be the test - take public money and you open your doors to the public. ALL THE PUBLIC.
Matthew (New Jersey)
Sigh. Artifacts of religion in a museum in no way equates to the functioning of a religious organization and the maintenance of its property in its effort to further its religious agenda. Public money going to institutions that espouse religious doctrine may not offend you, but it offends me. Thus we are at a stalemate.
Alice (NY)
Since they want to encourage membership, as well as for other reasons, most churches, etc. don’t actually make ANY OF THE PUBLIC show ID at the door. Why the fact that churches are open to the public means that taxpayers should be forced to fund their religious missions is beyond me.
Billy from Brooklyn (Hudson Valley, NY)
Religious organizations should also be against public funds being used to assist them in any way. The separation of church and state benefits them, in that it keeps government out of their daily business. Once you start accepting financial assistance, you open yourself to state intervention. There is no such thing as a free lunch. Once taxpayers are asked to financially asset religious organizations, they will logically expect to have a voice in how the money is spent and in Church activities. Religions cannot have it both ways. They best maintain independence by not pursuing or accepting taxpayer dollars.
David Henry (Concord)
I resent a penny of my taxes going to any religious institution. Moreover, no religions are taxed, so they should spend THEIR funds. Got it?
Richard (Seattle, WA)
I wonder how people would react if it was an Islamic mosque of the Salafist/Wahabbi persuasion seeking taxpayer historical preservation funds to repair the mosque dome.
A. T. Cleary (NY)
I, for one, would have no problem with it if the mosque was an historic building. And not in NJ. Clearly, NJ's constitution very clearly stipulates that grants such as those given to 12 churches in Morris County are expressly forbidden. But personally, if there is no legal prohibition, I see no reason to deny historic preservation funds to churches, mosques, synagogues, etc. So long as the funds are not used for religious programming or supplies (i.e., religious articles) what's the harm? How does preserving our history violate the separation of church & state?
Pat Fourbes (Naples)
Because we are not funding the roads bridges rails that are non sectarian no religious and for the good use of all Americans. I can’t believe we are spending tax dollars on a religious building and not public service infrastructure. Beyond rediculous.
mrpoizun (hot springs)
No. You don't pay taxes, you don't get tax money back. Period.
David desJardins (Burlingame CA)
The taxpayers shouldn't be paying for "historic preservation" of private property owned by non-churches, either.
Tad La Fountain (Penhook, VA)
Several years ago, my Monthly Meeting faced a pressing problem arising from the deterioration of the Stony Brook Meetinghouse roof. Adjacent to the Princeton Battlefield, the Meetinghouse had been a "field hospital" to both Continental and British soldiers in the aftermath of the Battle. It clearly has a place in American history. But I was singularly opposed to seeking state funds for the project precisely because of the separation of church and state. I had to "stand aside" and have my objection minuted in the face of a sense of the meeting that it was proper to seek such funds. Fortunately, the application was rejected, the Meeting was able to raise the necessary funds and the project was completed. The irony is that the NJ Constitution contains that prohibition specifically due to the wording of the Concessions of the Proprietors of West Jersey (written either by John Locke or William Penn), which was the Quaker group that settled the area in the late 1600s. It's not a slam on religion...it's an express constraint on the incursion of politics into religion. After all, it's a slippery slope from supporting a congregation to hindering it by the withdrawal of aid.
EK (Somerset, NJ)
NO public money for religious use of any kind. If their congregations cannot support them, then they should "go out of business" and close their doors. And they should be paying taxes as well.
Lisa (NYC)
Exactly. 'Separation of church and state' should mean exactly that. Wouldn't we all love it if public money helped to preserve ....our own 'historic' homes built in the early 1900s?...if public money went to preserving our 'antique car collections'? Etc. I am sick and tired of religious people and religious orgs holding themselves up as 'better' or as 'more deserving' of special treatment, all because they label themselves as 'religious'. Being religious in and of itself means squat. Some of the most hateful things have and continue to be done and said, all under the guise of 'faith'. Conversely, some of the most selfless, altruistic acts in the world have and continue to be done by agnostics, atheists, etc. If you want to Be religious, or Form a religion, or Run a religion, fine. But don't ask us to foot the bill.