Religious freedom group sues Morris over church grants

The Freedom From Religion Foundation and a Madison resident have filed a lawsuit to stop the Morris County freeholders from giving churches and other houses of worship historic preservation grants to restore or maintain their buildings.

"The lawsuit isn't about whether or not religious institutions should exist, or whether their buildings add to the aesthetic of the community, or whether the services they provide to the community are valuable," said Madison resident David Steketee, 40, a named local plaintiff in the lawsuit being pursued by the Wisconsin-based Freedom From Religion Foundation.

"The lawsuit is to ensure our government follows our laws, and insofar as grant money is provided to religious institutions for building maintenance, we believe the freeholders are violating Article 1, Section 3 of the New Jersey State Constitution," Steketee said in a phone interview Tuesday.

The lawsuit filed by Summit attorney Paul S. Grosswald was immediately transferred to Somerset County to avoid a conflict of interest that would arise by a judge in Morris County deciding a case involving the county freeholders.

Superior Court Judge Margaret Goodzeit has scheduled a hearing for Feb. 1 in Somerville on the lawsuit's initial request for an injunction barring the freeholders from disbursing any historic preservation grants that were awarded for the years 2014 or 2015 to churches or ministries, if that money has not yet been paid.  Ultimately, the lawsuit seeks an end to churches receiving any historic preservation grants from the county.

"The New Jersey Constitution must trump any other considerations," the lawsuit says. "It is unconstitutional to compel taxpayers to support churches, and the court should enjoin defendants from distributing taxpayer funds to all churches that received grants from the freeholder board in 2014 or 2015."

Attorney John Bowens, who is handling the case for Morris County, declined comment on the lawsuit through a staff member at his law firm. Freeholder Director Kathy DeFillippo, however, said she is confident the county has appropriately awarded grants to historic churches so that exteriors can be preserved as a part of the county's history.

The freeholders this past year awarded $1.2 million in grants to 12 churches or houses of worship for such projects as roof or facade restoration or document preservation.

"We've had our attorney in the past review the matter and we are confident we are correct that churches will be considered because of their historic value to the county.  There are two very firm points of view on this issue — ours and theirs — but we're confident because of the research that churches as historic structures are eligible for grants," DeFillippo said.

Last year, the issue of making churches ineligible for historic preservation grants was publicly broached on Jan. 14, 2015 by Freeholder William "Hank" Lyon, who said several people had expressed to him that government grants to churches violated the state constitution.

The constitutional article in question says: "...nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right or has deliberately and voluntarily engaged to perform."

The foundation's lawsuit states, "This constitutional language is unambiguous — in New Jersey, the government cannot compel taxpayers to fund churches."

Lyon's proposal to stop church grants led to a lengthy freeholder meeting in late January 2015 that was attended by clergy throughout the county and residents who were for and against the grants. Lyon withdrew his opposition to the grants, saying he recognized the constitutional article could be interpreted several ways. A resolution to continue consideration of church applications for grants was passed at that time by the freeholders.

Steketee, the lawsuit plaintiff, spoke at two freeholder sessions last year, appealing for reconsideration of grants to churches, but he was reminded that the board had already decided.

The Rev. Dr. David Smazik, pastor of the Presbyterian Church of Morristown, said Tuesday he believes the grant process sufficiently distinguishes religious purposes from projects "that add to and maintain the important fabric" of the county.  Smazik said he was expressing his own opinion and not those of his congregation because he has not discussed the lawsuit with church members.

"My understanding of the process is that the county is working on preserving its history and on how it can maintain the vitality of the area," Smazik said, noting that preserved, historic churches can visually be enjoyed by anyone. The Presbyterian Church has been allotted about $1.04 million in county historic preservation grants since 2012. The grants are matched by funds specifically raised by the churches and congregations.

The Foundation for Religious Freedom posted a release on its website about the lawsuit and noted that at least two churches in Morris County that received grants in recent years made specific references to funds being used to preserve areas for worship or meditation and solitude.

The lawsuit states that courts in New Jersey have not yet interpreted the constitutional provision — Article 1, Paragraph 3 — in the context of government giving grants to churches for historic preservation.

Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation, prepared an affidavit that was attached to the lawsuit.  Gaylor stated that the FFRF is a national, not-for-profit membership organization primarily based in Madison, Wisc. Its purpose is "to protect the constitutional principle of the separation of church and state and educating the public about non-theism," she wrote.

The organization has about 23,000 members in the U.S., including 454 in New Jersey and 85 in Morris County, Gaylor wrote. At least two attorneys from Wisconsin are expected to be present for the Feb. 1 court hearing.

Since 2003, applicants have received $22.6 million in historic preservation funding from the county, with churches accounting for 32 percent of the total.

In the 2002 general election election, county voters were asked to amend the existing Open Space and Farmland Preservation Trust Fund to include preservation and acquisition of historic properties, structures, facilities, sites, areas or objects. The amendment was supported by about 78 percent of the voters.

Below is the text of the resolution unanimously passed Jan. 28, 2015 by the Morris County Board of Chosen Freeholders on the subject of eligibility of churches for historic preservation grants:

"Whereas, during the 2002 general election the following public question was posed to the voters: Shall the county of Morris amend the present Open Space and Farmland Preservation Trust Fund to include the purpose of preservation and acquisition of historic properties, structures, facilities, sites, areas, or objects in accordance with P.L. 1997, Chapter 24 and allocate a sum between 1/8 and 1/4 cent of the existing tax for this purpose; and

"Whereas, 78 percent of the voters of Morris County supported the amendment to the Open Space and Farmland Preservation Trust Fund to add the Historic Preservation Trust Fund; and

"Whereas, the Board of Chosen Freeholders created the Historic Preservation Trust Fund Review Board, appointed qualified volunteers, and adopted the Historic Preservation Trust Fund Program Rules and Regulations, which include religious institutions as eligible applicants and the preservation activities limited to the exterior and structural and mechanical, electrical and plumbing, of historic structures associated with religious institutions as eligible activities; and

"Whereas, since 2003, when the Board of Chosen Freeholders approved the first grants, the Historic Preservation Trust Fund Program has awarded $22,630,070 to eligible recipients; and

"Whereas, some of the most valued historical sites in the county of Morris are those of religious institutions and, as such, have received 32 percent of the total funds awarded; and

"Now, therefore be it resolved by the Board of Chosen Freeholders of the county of Morris in the state of New Jersey that the commitment to historic preservation is reaffirmed, as is the eligibility of religious institutions."

Staff Writer Peggy Wright: 973-267-1142; pwright@gannettnj.com.