Legal Opinion · Concurrence

Found v. Morris Cnty. Bd. of Chosen Freeholders

Supreme Court of New Jersey

Decided April 18, 2018No. A–71 September Term 2016; 079277Published

1ConcurrenceJustice Solomon

I join with the majority in reversing the trial court's decision to uphold the monetary grants to defendant religious institutions. I agree that under the facts of this case the distribution of the grant money to the religious institutions was contrary to the plain language of the Religious Aid Clause, N.J. Const. art. I, ¶ 3. I write *1014separately to express my opinion that the Religious Aid Clause cannot categorically bar churches with active congregations from receiving funds that promote a substantial government purpose, such as historic preservation. Such a blanket exclusion violates the…

2Cases cited9 opinions

  1. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  2. Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993
  3. Widmar v. VincentSupreme Court of the United States · 1981
  4. Lyng v. Northwest Indian Cemetery Protective Assn.Supreme Court of the United States · 1988
  5. McDaniel v. PatySupreme Court of the United States · 1978

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