Constitutionality of Awarding Historic Preservation Grants to Religious Properties: Memorandum Opinion for the Solicitor, Department of the Interior [October 31, 1995]   [open pdf - 38KB]

"Establishment Clause of awarding government historic preservation grants to churches and other religious properties. In particular, and as we discussed earlier, we have considered whether the Supreme Court's recent decision in Rosenberger v. Rector & Visitors, 515 U.S. 819 (1995), directly addresses the particular question you have raised. As discussed below, the Rosenberger decision, which deals with a form of government aid to religion significantly different from that at issue here, does not control the case you have presented. Accordingly, we have no occasion here to fully analyze the Rosenberger decision, nor to predict how it might apply in other contexts. Rather, our analysis is guided by Supreme Court case law developed prior to Rosenberger. We conclude that a reviewing court, applying current precedent, likely would hold that making historic preservation grants to churches and other pervasively sectarian properties is inconsistent with the Establishment Clause."

Public Domain
Retrieved From:
United States. Department of Justice: http://www.justice.gov/
Media Type:
Help with citations