Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Catholic News

Home

Home
Catholic
Religion News
A grave problem – NJ ban on religious headstone sales could violate constitution

A grave problem – NJ ban on religious headstone sales could violate constitution

Last updated on: March 26, 2015 at 10:01 am by CNA Daily News

A grave problem – NJ ban on religious headstone sales could violate constitution 2015-03-26T10:01:00+00:00 CNA Daily News

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

Trenton, N.J., Mar 26, 2015 / 04:01 am (CNA/EWTN News).- A New Jersey law crafted to ban the Archdiocese of Newark from selling cemetery headstones might not pass muster under judicial review, according to a constitutional law expert.

Matthew Franck said the law “may well be violating the freedom of religion” guaranteed by the U.S. Constitution because it “singles out religious organizations for disfavored treatment.”

Franck directs the Simon Center on Religion and the Constitution at the Princeton, N.J.-based Witherspoon Institute. He characterized the law as “a direct assault on the freedom of churches to offer services to the bereaved in their own congregations.”

In a March 16 article at the news site NJ.com, Mark Mueller wrote that “the measure, while applied broadly to all religious institutions, is designed to counter a move by the Archdiocese of Newark in 2013 to enter the headstone business at its Catholic cemeteries.”

The law bars any “religious corporation, association, organization or society” that owns, controls or manages a cemetery from selling memorials, vaults, or mausoleums. Under the law, such religious groups also may not own or manage funeral homes or mortuaries.

The bill was signed into law March 23 by New Jersey governor Chris Christie.

Until 2013, private companies had exclusively sold headstones and family crypts in the state. Their trade association, the Monument Builders of New Jersey, said the tax-exempt Newark archdiocese had an unfair competitive advantage that could drive them out of business. The trade association engaged in a lobbying campaign against the Newark archdiocese's move into their market.

John Burns, president of the trade association, said the archdiocese’s market share in headstone sales had grown to 36 percent in two years, and that the archdiocese would be selling over half of all headstones within 10 years.

Franck, however, was sceptical.

“If the archdiocese owns one or more cemeteries, as it surely does, I cannot see how it can constitutionally be prevented from undertaking to sell headstones, let alone crypts, to the families who bury their loved ones there,” he told CNA.

Franck compared the case to a Louisiana regulation that restricted casket sales to registered morticians. The rule barred Benedictine monks from selling inexpensive caskets to support themselves.

He noted that the Fifth Circuit Court of Appeals struck down the rule because it “lacked any rational basis” and was “sheer protectionism for the Louisiana funeral homes cartel.”

The court wrote that the Louisiana rule puts coffin customers at a greater risk of abuse and “exploitative prices,” striking down the protectionist law as violating the monks' rights to equal protection and due process.

Robert Destro, a law professor at Catholic University of America’s Columbus School of Law, told CNA he thought the law was “certainly bad public policy,” though he would need further research to answer whether the law violates religious freedom or other constitutional law.

He said there is nothing inconsistent with an organization having a religious status and conducting a business to support its activities.

“Monasteries and convents have long produced breads, cheeses, wines, and other commodities. Retreat houses provide lodging as well as spiritual guidance. Schools provide educational services. What's the problem?” Destro asked.

He told CNA the Church must maintain cemeteries “in perpetuity” and must find new sources of revenue for maintenance. Failure to do so could mean raising the costs of burial or limiting the duration of burials in order to reuse the graves.

Archbishop John Myers of Newark wrote a column in the Star-Ledger in December, remarking that the bill “is a drastic change in the law solely for the financial benefit of the funeral directors and monument builders, at the expense of families. The bill also is extremely negative and anti-consumer, eliminating fair competition, along with removing the religious exemption and independence Catholic Cemeteries currently possess.”

The New Jersey State Assembly passed the headstone legislation by a vote of 68-7 earlier this month, adding a recommendation that it take effect one year after becoming law. The State Senate passed the legislation on March 16 by a vote of 31-2.

Christie had conditionally vetoed an earlier version of the bill in February, saying he did not want the law to take effect immediately.

Jim Goodness, communications director for the Newark archdiocese, told CNA March 18 the archdiocese is disappointed in the legislature’s action but “thankful, at least, that there is a year’s delay until it is implemented.”

While the law also bars religious groups from operating funeral homes and mortuaries, Pat Brannigan, executive director of the New Jersey Catholic Conference, told CNA that no Catholic dioceses in the state operates funeral homes.

Previous Post

March 26, 2015

Palestinian president may visit Vatican a second time for canonization Mass

Next Post

March 26, 2015 Pope Francis to meet, celebrate Mass with relatives during Turin visit

Browse Our Archives

Select a Category Americas Asia - Pacific Europe Middle East - Africa Uncategorized US Vatican

Select a Month November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012

TAKE THE

Religious Wisdom Quiz

Who said, "Here I am, send me!"?

Select your answer to see how you score.

Moses Isaiah Peter Elijah