Federal Court Protects Religious Freedom in Landmark Victory for Pepperdine Caruso School of Law Clinic

MALIBU, California – Last week, the Pepperdine Caruso School of Law’s Hugh and Hazel Darling Foundation Religious Liberty Clinic achieved a significant legal victory, securing a preliminary injunction in federal court to protect its clients, Mendham Methodist Church and Zion Lutheran Church Long Valley. The case challenges a policy that barred churches from participating in a government-run historic preservation grant program, a policy the court ruled violated the Free Exercise Clause of the First Amendment.

A federal district court in Newark, New Jersey, struck down Morris County’s policy, which allowed theaters, Masonic lodges, and restaurants to receive historic preservation funding while excluding religious institutions. The court ruled that this exclusion constitutes unconstitutional discrimination against religious organizations.

Pictured from left to right: Mendel Schochet (JD '25), Ryan Gardner (First 

Liberty, JD '16), Chris Pagliarella (Jones Day),  and Joel Alexander (JD '26)

“This is a historic win for religious organizations in New Jersey and across the country,” said Professor Eric Rassbach, Faculty Director of the Clinic. “It was always wrong to disqualify religious organizations from receiving historic preservation funds solely because they were religious. The district court rightly explained that the Constitution forecloses this religious discrimination.”

The case, Mendham Methodist Church v. Morris County, marks the first direct representation by the Religious Liberty Clinic, showcasing the Clinic’s growing influence in defending First Amendment rights across the nation. A copy of the decision can be found here

Morris County had previously provided historic preservation grants to houses of worship but ceased the practice following a 2018 New Jersey Supreme Court ruling that deemed it unconstitutional under state law. However, the U.S. Supreme Court has since clarified that the U.S. Constitution prohibits states and local governments from excluding religious institutions from public benefit programs solely based on their religious character. The federal district court rejected arguments from New Jersey Attorney General Matthew Platkin, reaffirming the churches' eligibility for equal access to the grant program.

In addition to the Religious Liberty Clinic, the churches were represented by Jones Day, Roselli Griegel Lozier, PC, and First Liberty Institute. The legal team included First Liberty attorneys Jeremy Dys and Pepperdine alumnus Ryan Gardner (JD ’16), as well as Jones Day’s Noel Francisco, former Solicitor General of the United States, and attorneys Megan Owen, Ben Aguiñaga, and Christopher Pagliarella.

Numerous Pepperdine Caruso Law students have played key roles in the case, including Tiereney Souza, Ellie Ritter, Jack Walecki, Meng Cai, Kaitlyn Hanes, Menachem Schochet, and Joel Alexander.

“The Darling Foundation Religious Liberty Clinic has, in a short time, provided so many of our students with the tools and opportunities to advocate on behalf of religious liberty,” said Professor Michael Helfand, Brenden Mann Foundation Chair in Law and Religion and co-director of the Nootbaar Institute for Law, Religion and Ethics.

About Hugh and Hazel Darling Foundation Religious Liberty Clinic

Founded in January 2022 with the help of a transformational gift from the Hugh and Hazel Darling Foundation, the Religious Liberty Clinic at Pepperdine Caruso School of Law is dedicated to addressing pressing questions of religious freedom. These include how civil governments treat the religious beliefs, expressions, and institutions of their citizens and residents. Operating under the Nootbaar Institute for Law, Religion, and Ethics and the Ken Starr Institute for Faith, Law, and Public Service, the Clinic provides students with opportunities to engage in cutting-edge litigation in collaboration with national litigators.

About Ken Starr Institute for Faith, Law, and Public Service

The Ken Starr Institute for Faith, Law, and Public Service cultivates a community of scholars dedicated to the pursuit of justice, upholding the rule of law, and serving the nation and the world with integrity and compassion through the lens of faith. Inspired and energized by the life and legacy of legal scholar, public servant, and former Caruso School of Law dean, Ken Starr, the Ken Starr Institute enhances the components of the Pepperdine University mission for which Starr cared so deeply and reinforces the fundamental American values that contribute to the success of a flourishing society. 

About Pepperdine University Caruso School of Law

The Pepperdine Caruso School of Law offers a top-ranked legal education with nationally recognized degree programs committed to the highest principles of professional, ethical, and societal responsibility. With an emphasis on experiential learning, mentorship, faculty accessibility, global justice, and professional formation, Pepperdine Caruso Law offers a juris doctor degree, two master’s degrees, six joint-degree programs, nine LLM degrees, and five certificate programs. The School of Law houses 10 clinics and five institutes, including the globally recognized Straus Institute for Dispute Resolution. Follow the Caruso School of Law on Facebook, Twitter, Instagram, and LinkedIn.

About Pepperdine University 

Pepperdine University is a private Christian university located 30 miles west of Downtown Los Angeles in Malibu, California. Rooted in the Christian tradition, Pepperdine is committed to both the relentless pursuit of truth through academic and scholarly excellence and to embodying Christian faith and values. With students at the heart of the educational enterprise, the University prepares approximately 9,500 scholars for lives of purpose, service, and leadership across its flagship liberal arts school, Seaver College, and four graduate schools—the Caruso School of Law, the Graziadio Business School, the Graduate School of Education and Psychology, and the School of Public Policy. Pepperdine is committed to the highest standards of academic excellence and Christian values, where students are strengthened for lives of purpose, service, and leadership. Follow Pepperdine on Facebook, Twitter, Instagram, and LinkedIn.

 

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