Why It Matters:

• For the first time, a federal judge ruled that the NJ constitution’s provision prohibiting state historic preservation funding for religious organizations is unconstitutional under federal law

• The federal judge issued an injunction against a 2018 NJ Supreme Court decision excluding churches from the historic preservation program.

• This case could be the first step towards dismantling the New Jersey constitution’s discriminatory provision against religious institutions.

• The lower court ruling by the federal judge suggested that limiting public funding for strictly sectarian purposes – e.g. preserving religious iconography – could pass muster with the 1st amendment.

• The injunction is in place while the case winds its way through the appellate courts.