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6Xsuhph &Rxuw Ri Wkh 8Qlwhg 6Wdwhv 1R ,17+( 6XSUHPH&RXUWRIWKH8QLWHG6WDWHV ²²²²²² 0255,6&2817<%2$5'2)&+26(1)5((+2/'(567+( 0255,6&2817<35(6(59$7,2175867)81'5(9,(: %2$5'-26(3+$.29$/&,.-5,1+,62)),&,$/ &$3$&,7<$60255,6&2817<75($685(5 3HWLWLRQHUV Y )5(('20)5205(/,*,21)281'$7,21$1' '$9,'67(.(7(( 5HVSRQGHQWV ²²²²²² 213(7,7,21)25:5,72)&(57,25$5,727+( 6835(0(&28572)7+(67$7(2)1(:-(56(< BBBBBBBBBBBBBBBBBBBB %5,()2)$0,&86&85,$( 1$7,21$/75867)25+,6725,&35(6(59$7,21 ,168332572)3(7,7,21(56 BBBBBBBBBBBBBBBBBB 7+$''(86+(8(5 (/,=$%(7+60(55,77 &RXQVHORI5HFRUG 1$7,21$/75867)25 $1'5(:/21'21 +,6725,&35(6(59$7,21 5$&+(/+87&+,1621 9,5*,1,$$9(1: )2/(<+2$*//3 68,7( 6HDSRUW%RXOHYDUG :$6+,1*721'& %RVWRQ0$ HPHUULWW#VDYLQJSODFHVRUJ WKHXHU#IROH\KRDJFRP 2FWREHU i TABLE OF CONTENTS TABLE OF AUTHORITIES ..................................... iii INTERESTS OF AMICUS CURIAE ......................... 1 SUMMARY OF THE ARGUMENT ........................... 2 ARGUMENT .............................................................. 5 I. PRESERVING HISTORIC RELIGIOUS STRUCTURES IS AN ISSUE OF NATIONAL IMPORTANCE ........................... 6 A. Protecting Historical and Architectural Heritage—both Secular and Religious—is a Legitimate Government Interest for Cultural, Aesthetic, and Economic Reasons ............................................................ 6 B. Governments Have a Legitimate Interest in Promoting the Historical, Architectural, and Cultural Heritage of Religious Structures ...................................................... 10 C. Federal, State, and Local Governments Regularly Fund the Preservation of Historic Religious Structures to Advance Secular Public Benefits ................................. 16 II. STATE COURTS ARE SPLIT ON WHETHER HISTORIC PRESERVATION GRANTS ARE A PUBLIC BENEFIT WITHIN THE SCOPE OF TRINITY LUTHERAN .................................................. 21 ii CONCLUSION ......................................................... 27 iii TABLE OF AUTHORITIES Cases American Atheists, Inc. v. City of Detroit Downtown Dev. Auth., 567 F.3d 278 (6th Cir. 2009) ................ 3, 19, 25, 26 Berman v. Parker, 348 U.S. 26 (1954) ..................................................8 Caplan v. Town of Acton, 92 N.E.3d 691 (Ma. 2018) ........................... 2, 23, 24 Everson v. Board of Educ., 330 U.S. 1 (1947) ....................................................7 Freedom From Religion Found. v. Morris County Bd. of Chosen Freeholders, 181 A.3d 992 (N.J. 2018) .............................. 2, 3, 23 New Orleans v. Dukes, 427 U.S. 297 (1976) ................................................8 Penn Cent. Transp. Co. v. New York City, 438 U.S. 104 (1978) .................................... 4, 6, 7, 8 Taylor v. Town of Cabot, 178 A.3d 313 (Vt. 2017) .................................... 3, 25 Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 (2017) .................................. passim Van Orden v. Perry, 545 U.S. 677 (2005) .............................................. 19 iv Zelman v. Simmons-Harris, 536 U.S. 639 (2002) .............................................. 19 Statutory Authorities 54 U.S.C. §300101 ...................................................7, 9 54 U.S.C. § 312102(a) ........................................ 1, 5, 21 Historic Sites Act of 1935, 49 Stat. 666, §1 ...............7 Pub. L. No. 89-665, 80 Stat. 915 ............................. 8, 9 Additional Authorities Authority of the Department of the Interior to Provide Historic Preservation Grants to Historic Religious Properties Such as the Old North Church, 27 OP. O.L.C. 91 (Apr. 30, 2003) ............ 18 Peter Benes, MEETINGHOUSES OF EARLY NEW ENGLAND 13 (2012) ................................................ 11 Patricia L. Brown, Beacons of Faith Are Dimming on the Prairie, N.Y. TIMES (Jul. 7, 2002) ................... 11 Diane Cohen & A. Robert Jaeger, Sacred Places at Risk (1998), https://sacredplaces.org/uploads/files/ 395429189155295863-spar.pdf (accessed Oct. 15, 2018) ....................... 10, 13, 14, 15 Colorado Historical Foundation, The Economic Benefits of Historic Preservation in Colorado (2002) .....................................................................12 v Connecticut Trust for Historic Preservation, Funding Opportunities, https://www.cttrust.org/current-funding (accessed Oct. 15, 2018) .........................................................20 Hunter S. Edwards, The Guide for Future Preservation in Historic Districts Using a Creative Approach: Charleston, South Carolina’s Contextual Approach to Historic Preservation, 20 U. FLA.J.L.&PUB.POL’Y 221 (2009) ............... 11 Sara C. Galvan, Rehabilitating Rehab Through State Building Codes, 115 YALE L.J. 1744 (2006) .......................................6 Oscar S. Gray, The Response of Federal Legislation to Historic Preservation, 36 LAW &CONTEMP. PROBS. 314 (1971) ....................................................8 History Colorado, Grants & Financial Incentives, https://www.historycolorado.org/grants-financial- incentives (accessed Oct. 18, 2018) .........................9 Indiana Department of Natural Resources, Grant To Preserve Local History Across State, http://www.in.gov/activecalendar_dnr/EventList.as px?view=EventDetails&eventidn=16251&informat ion_id=36996 (accessed October 18, 2018) ........... 16 Institute of Museum & Library Services, $4.8 Million in Grants Go to “Save America’s Treasures” (Sept. 21, 2018), https://www.imls.gov/news-events/news- releases/48-million-grants-go-save-americas- treasures (accessed Oct. 18, 2018) .................... 9, 19 vi Massachusetts Historical Commission, Massachusetts Preservation Projects Fund, https://www.sec.state.ma.us/mhc/mhcmppf/mppfid x.htm (accessed Oct. 17, 2018) .............................. 10 Thompson Mayes, Introduction: Why Do Old Places Matter?, 29 FORUM J. 7 (2015) ................................6 National Main Street Center, Main Street Impact, https://www.mainstreet.org/mainstreetimpact (accessed Oct. 15, 2018) ......................................... 12 National Trust for Historic Preservation, America’s Most Endangered Historic Places—Past Listings, https://savingplaces.org/11most-past- listings#.WXNGHYjytW8 (accessed Oct. 11, 2018) ......................................... 15 Partners for Sacred Places, The Economic Halo Effect, https://sacredplaces.org/uploads/files/16879092466 251061-economic-halo-effect-of-historic-sacred- places.pdf (accessed Oct. 15, 2018) ....................... 13 Partners for Sacred Places, States Providing Funding to Historic Religious Properties, 1 SACRED PLACES, no. 3, 2004, http://www.sacredplaces.org/uploads/files/9355734 95915362585-sacred-places-vol-1-no-3.pdf (accessed Oct. 18, 2018) ......................................... 20 Michael Paulson, Historic Trust Lists Catholic Churches, BOSTON GLOBE (June 5, 2005) ............ 16 vii Pennsylvania Historical & Museum Commission, Keystone Historic Preservation Construction Grants, http://www.phmc.pa.gov/preservation/grants- funding/pages/construction-projects.aspx#6 (accessed Oct. 18, 2018) ......................................... 20 Press Release, National Park Service Announces Over $7.5 Million in Grants To Preserve African American Civil Rights Movement Sites, Nat’l Park Serv. (Jan. 12, 2017) https://www.nps.gov/orgs/1207/01-12-2017-civil- rights-grants.htm .................................................. 19 Holly H. Roberts, SYNAGOGUES OF MANHATTAN,NEW YORK (2013)............................................................11 Donovan D. Rypkema, THE ECONOMICS OF HISTORIC PRESERVATION (2d ed. 2005) ............................ 11, 12 Save America’s Treasures Awards 1999-2010 By State, available at https://tinyurl.com/SATStateAwards (accessed Oct. 18, 2018) .........................................................19 Secretary of the Commonwealth’s Office, Massachusetts Preservation Project Fund Grant Recipients, https://www.sec.state.ma.us/mhc/mhcmppf/mppf- recipients.htm (accessed Oct. 18, 2018) ................ 16 Secretary of the Interior’s Standards (2017), https://www.nps.gov/tps/standards/treatment- guidelines-2017.pdf (accessed Oct. 14, 2018) ....... 14 viii Texas Historical Commission, Texas Preservation Trust Fund, http://www.thc.texas.gov/preserve/projects-and- programs/texas-preservation-trust-fund (accessed Oct. 15, 2018) .........................................................10 INTERESTS OF AMICUS CURIAE 1 The National Trust for Historic Preservation in the United States (the “National Trust”) is a privately funded nonprofit organization, chartered by Congress in 1949 to further the historic preservation policies of the United States and to “facilitate public participation” in the preservation of our nation’s heritage. 54 U.S.C. § 312102(a). With more than one million members and supporters nationwide, the National Trust works to protect significant historic sites and advocate for historic preservation as a fundamental value in programs and policies at all levels of government. This includes legal advocacy to uphold the integrity of federal, state, and local laws and governmental decisions that help to protect our nation’s historic places. In carrying out its mission, the National Trust has participated as a party or amicus curiae in hundreds of cases in federal and state courts since 1970. During its long history, the National Trust has worked to help preserve numerous historic religious structures across the country. These places include the Old North Church in Boston, Massachusetts; Bok Kai Temple in Marysville, California;
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