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No. 18-364October Term 2018Decided Mar 4, 2019

Docket 18-364October Term 2018 (2018–2019)

Morris County Board of Chosen Freeholders, et al., Petitioners v. Freedom From Religion Foundation, et al.

The Supreme Court left the lower-court decision alone and did not answer when the Free Exercise Clause blocks excluding religious groups from public programs.

Case status

Current stage
Decided
Latest event
Decision released Mar 4, 2019
Case Accepted
Arguments
Decision ReleasedMar 4, 2019
What it's about

This case involved a New Jersey county’s historic-preservation grant program, which had awarded funds to churches to repair and restore church buildings. The petition asked the U.S. Supreme Court whether the Free Exercise Clause bars the government from excluding otherwise eligible religious organizations from a generally available preservation program because of their religious status; the Court declined to take the case.

Question presented

Whether and when the Free Exercise Clause prohibits exclusion from generally available government programs based on a participant’s religious status?

Case path

Supreme Court of New Jersey / Decision released Mar 4, 2019

Area

First Amendment

Briefing

What it's about

This case asked whether a county may exclude churches from a generally available historic-preservation grant program because they are religious organizations. The Supreme Court declined to take the case, so it did not decide that constitutional question.

Vote

The Court declined review and did not decide the merits; no vote count or opinion lineup is provided here.

Impact

The Court's move left New Jersey's result in place and kept the split described in the petition unresolved. That matters for churches seeking restoration money and for governments deciding whether houses of worship may receive preservation grants.

What's next

This docket action is finished. The New Jersey decision remains in effect, and the broader question could return in another case.

What was the dispute in Morris County v. Freedom From Religion Foundation?

The petition challenged excluding churches from a county historic-preservation grant program. It asked whether that exclusion violated the Free Exercise Clause.

Who is affected by the Supreme Court's move in this case?

Churches seeking repair or restoration grants are affected, along with counties and states that run preservation programs. The denial left the New Jersey result in place.

What happens next in Morris County v. FFRF?

Nothing more happens in this Supreme Court docket. The Court declined review, so the lower-court ruling stays in place.

Decision

Decision record

What the Court decided

The Supreme Court left the lower-court decision alone and did not answer when the Free Exercise Clause blocks excluding religious groups from public programs.

Impact

The Court's move left New Jersey's result in place and kept the split described in the petition unresolved. That matters for churches seeking restoration money and for governments deciding whether houses of worship may receive preservation grants.

Not official Court text.

Opinion documents

Timing

Decided March 4, 2019

The Court released its decision on March 4, 2019 without hearing oral argument.