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

SCR102

SENATE CONCURRENT RESOLUTION No. 102

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Senator� ANTHONY M. BUCCO

District 25 (Morris and Passaic)

SYNOPSIS

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

CURRENT VERSION OF TEXT

���� As introduced.

��

A
Concurrent Resolution
proposing to amend
Article I, paragraph 3 of the New Jersey Constitution.

����
Be It
Resolved
by the Senate of the State of New
Jersey (the General Assembly concurring):

���� 1.��� The following proposed
amendment to the Constitution to the State of New Jersey is agreed to:

PROPOSED
AMENDMENT

���� Amend Article I, paragraph 3
to read as follows:

���� 3.��� No person shall be
deprived of the inestimable privilege of worshipping Almighty God in a manner
agreeable to the dictates of his own conscience; nor under any pretense
whatever be compelled to attend any place of worship contrary to his faith and
judgment; nor shall any person be obliged to pay tithes, taxes, or other rates
for building or repairing any church or churches, place or places of worship,
or for the maintenance of any minister or ministry, contrary to what he
believes to be right or has deliberately and voluntarily engaged to perform.�
Notwithstanding
the provisions of this paragraph, public funds may be used to repair or restore
a church or other place of worship as part of a historic preservation program.

(cf: Art. I, par. 3)

���� 2.��� When this proposed
amendment to the Constitution is finally agreed to pursuant to Article IX,
paragraph 1 of the Constitution, it shall be submitted to the people at the
next general election occurring more than three months after the final
agreement and shall be published at least once in at least one newspaper of
each county designated by the President of the Senate, the Speaker of the
General Assembly and the Secretary of State, not less than three months prior
to the general election.

���� 3.��� This proposed amendment
to the Constitution shall be submitted to the people at that election in the
following manner and form:

���� There shall be printed on each
official ballot to be used at the general election, the following:

���� a.���� In every municipality
in which voting machines are not used, a legend which shall immediately precede
the question as follows:

���� If you favor the proposition
printed below make a cross (X), plus (+), or check (
a
) in the square opposite the word "Yes." If you are

opposed
thereto make a cross (X), plus (+) or check (
a
) in the square opposite the word "No."

���� b.��� In
every municipality the following question:

CONSTITUTIONAL
AMENDMENT TO ALLOW PUBLIC FUNDS TO BE USED FOR HISTORIC PRESERVATION OF
PLACES OF WORSHIP

YES

��� Do you approve amending the
Constitution to allow public funds to be used to restore a place of worship
that has historical significance?� This would allow public funds to be used
to restore places of worship as part of a historic preservation program.

INTERPRETIVE
STATEMENT

NO

��� This constitutional amendment
would allow public funds to be used to restore a place of worship as part of
a historic preservation program.� A recent court decision found that a county
could not give grants for the restoration of churches.� These grants were
used to repair churches as part of a historic preservation program.� Approval
of this amendment would allow public funds to be used for the restoration of
places of worship that have historical significance.

STATEMENT

���� This concurrent resolution
proposes an amendment to the State Constitution to allow public funds to be
used for the historic preservation of churches or other places of worship as
part of a historic preservation program.

���� This concurrent resolution is
in response to a New Jersey Supreme Court decision,
Freedom From Religion
Foundation v. Morris County Board of Chosen Freeholders
, (Docket No.
079277).� This court decision found that the award by Morris County of taxpayer
funds to repair twelve churches, as part of a historic preservation program,
violates Article I, paragraph 3, known as the �Religious Aid Clause� of the New
Jersey Constitution.

���� Under current law, counties
are authorized to establish �County Open Space, Recreation, Floodplain
Protection, and Farmland and Historic Preservation Trust Funds,� and
municipalities are also authorized to establish similar funds.� These funds are
often referred to as �open space trust funds,� and may only be established by a
county or municipality with voter approval to annually levy funds for the
acquisition, development, or maintenance of lands for recreation and
conservation purposes, acquisition of farmland for farmland preservation
purposes, historic preservation of historic properties, and other similar
purposes.� In 2002, the voters of Morris County authorized the county to
provide historic preservation funding under a trust fund established by this
property tax levy.�

���� The New Jersey Supreme Court found,
in
Freedom From Religion Foundation v. Morris County Board of Chosen
Freeholders
, that the use of these taxpayer funds for historic preservation
activities at a church or other place of worship violates the �Religious Aid
Clause� of the New Jersey Constitution.� This constitutional amendment, if
approved by the voters, would allow public funds to be used for historic
preservation activities at churches or other places of worship as part of a
historic preservation program.