In a constitutional challenge by the Archdiocese of Newark to a state ban on the sale of monuments by operators of religious cemeteries, a federal judge has dismissed two of the four counts but ruled that dismissal of the other two would be premature.
The archdiocese claims that a 2015 New Jersey law prohibiting private religious cemeteries from selling monuments is unconstitutional. U.S. District Judge Michael Shipp of the District of New Jersey dismissed a claim under the Contracts Clause of the U.S. Constitution, and the parties agreed to the dismissal of a claim under the Privileges and Immunities Clause. But the Due Process and Equal Protection claims are not ripe for dismissal, said Shipp, who denied motions to dismiss those counts for failure to state a claim. He called for the parties to agree to a schedule of discovery, supplemental briefing and oral argument on those motions.
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