New Jersey 2026-2027 Regular Session

New Jersey Senate Bill SCR102

Introduced
2/19/26  

Caption

Amends Constitution to allow public funds to be used for historic preservation of places of worship.

Impact

If approved, the amendment would effectively change existing laws regarding historic preservation by explicitly allowing taxpayer funds to be used in preserving sites of worship deemed historically significant. This is significant as it allows counties and municipalities to create funds and initiatives for the restoration of churches that have cultural or historical importance, which had been curtailed by the previous ruling. The bill reflects a growing recognition of the need to protect historical sites, even those tied to specific religious institutions.

Summary

SCR102, introduced in the New Jersey 222nd Legislature, proposes an amendment to the state's Constitution that would permit the use of public funds for the historic preservation of churches and other places of worship. This resolution is primarily a response to a New Jersey Supreme Court decision known as Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders, which concluded that funding repairs for churches through taxpayer money violates the Religious Aid Clause of the Constitution. The proposed amendment aims to amend Article I, Paragraph 3 of the Constitution, providing a legal framework that allows public funding for historic preservation activities.

Contention

Notably, the amendment has sparked discussions regarding the separation of church and state. Supporters argue that preserving historical places of worship enriches community heritage and promotes tourism. However, opponents may view the use of public funds for religious institutions as contradictory to the principles of secular governance, maintaining that it undermines the intent of the Religious Aid Clause. The outcome of this resolution will likely provoke significant public debate, particularly regarding the balance between supporting cultural heritage and respecting the secular nature of government funding.

Companion Bills

NJ ACR38

Same As Amends Constitution to allow public funds to be used for historic preservation of places of worship.

NJ SCR42

Carry Over Amends Constitution to allow public funds to be used for historic preservation of places of worship.

NJ ACR60

Carry Over Amends Constitution to allow public funds to be used for historic preservation of places of worship.

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