A recent unanimous decision by the New Jersey Supreme Court, interpreting the state constitution’s Religious Aid clause (Art. I, ¶ 3) illustrates the sometimes complex relationship between the state constitution and the United States Constitution. The state constitutional provision states:  “[n]o person shall … be obligated to pay … taxes … for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry.”

Over a period of years, Morris County awarded millions of dollars in taxpayer-funded grants to functioning churches, whose houses of worship were considered historic, to repair and upgrade their buildings. A number of churches stated in their grant applications that the funds would allow them to better deliver their religious teachings. In Freedom From Religion Foundation, Inc. v. Morris County Board of Chosen Freeholders, the court struck down these grants to churches as violating the “plain language” of Article I, paragraph 3 of the New Jersey Constitution.