New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill ACR152

Introduced
6/20/22  

Caption

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

Impact

The approval of ACR152 would signify a significant shift in how public funds can be used in relation to religious institutions. By changing the constitutional prohibition on the use of taxpayer money for the maintenance of religious entities, the amendment aims to facilitate the preservation of historically significant places of worship. The proposal outlines a structured process for the amendment to be voted upon in a general election, which requires extensive public communication to ensure voters understand the implications of approving this financial support.

Summary

ACR152 is a constitutional amendment proposed in New Jersey to allow public funds to be allocated for the historic preservation of churches and other places of worship. Introduced by Assemblyman Gerry Scharfenberger, the resolution addresses a specific legal precedent established by the New Jersey Supreme Court in the case of Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders. This decision ruled that using taxpayer funds to repair churches violated the state's Religious Aid Clause. As such, ACR152 seeks to amend Article I, paragraph 3 of the New Jersey Constitution to permit such funding under a historic preservation program.

Contention

Despite its goal of enabling historic preservation, ACR152 is not without contention. Opponents may argue that such use of public funds undermines the separation of church and state, a principle espoused in the Religious Aid Clause originally designed to prevent government endorsement of any particular religion. This dichotomy raises broader debates regarding the role of government in religious affairs and the potential for increased funding disparities between different faith communities, depending on their historic significance. Supporters, however, assert that all places with historical value deserve recognition and support from state funding programs.

Companion Bills

NJ SCR83

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

Previously Filed As

NJ SCR83

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

NJ ACR60

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

NJ SCR42

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

NJ SB63

Constitutional Amendment to provide that the right of freedom of worship in churches or other places of worship is a fundamental right that is worthy of the highest order of protection. (2/3-CA13s1(A))

NJ HB128

Municipal historic preservation commissions; municipalities prohibited from designating place of worship as historic property; places of worship authorized to agree to historic designation; retroactive application, provided for

NJ SCR96

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR83

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ ACR65

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ ACR89

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ A5808

Appropriates $15,564,293 from constitutionally dedicated CBT revenues to NJ Historic Trust for grants for certain historic preservation projects and associated administrative expenses.

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