Written by Don Byrd
A new proposed law in North Carolina asserts that the First Amendment’s Establishment Clause does not apply to states, an argument that would take the legislature back to the hot button topics of the 1800s. That question was resolved definitively by the Supreme Court in 1947, which said that it most certainly does apply to states.
Section One of the proposed bill, HJR 494 nonetheless reads:
The North Carolina General Assembly asserts that the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.
And it pretty much goes down hill after that. I am tempted to believe that because this bill was filed on April 1, it may just be an April Fool’s joke. Apparently not. I will let the Baptist Joint Committee’s response to this bill take it from here.
The Baptist Joint Committee works daily to protect religious liberty for ALL. While some issues are difficult, the question of whether the U.S. Constitution’s religion protections apply to the states is not one of them. Most Americans appreciate religious freedom and are thankful for our constitutional tradition that protects both the free exercise of religion and guards against its establishment. While legislative prayer (using a government forum to exercise religion) is controversial, government declaring an official state religion is off the charts.
[UPDATE: Leadership in the North Carolina legislature has come its senses, promising not to bring this establishment of religion proposal to the floor. North Carolina’s Religious Herald quotes the BJC’s comment on the bill.]
