From BJC staff reports, with reporting from The Religious Herald
A group of North Carolina legislators recently proposed a measure that would have permitted the establishment of an official state religion.
The bill maintained that the First Amendment restriction on governmental establishment of religion applies only to the federal government, not to states and municipalities, and that the General Assembly would not “recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.” Both contentions directly contravene well-settled Supreme Court precedent.
The measure, filed April 1, stemmed from a legal battle over the Rowan County (N.C.) Board of Commissioners’ longtime practice of opening its meetings with Christian prayers. The bill’s language clearly violated the Establishment Clause of the First Amendment, which applies to the states by virtue of the 14th Amendment.
In its 1983 Marsh v. Chambers decision, the High Court upheld a state legislature’s prayer practice, finding that such prayer was “deeply embedded in the history and tradition of this country.” Nonetheless, there are important constitutional limitations on such practices. Federal courts of appeals have examined the extent to which a governmental body has affiliated itself with a single religious tradition through its prayer policy.
Constitutionality aside, legislative prayer during official government meetings remains controversial for many religious liberty advocates. “Just because something is constitutional does not make it right,” said K. Hollyn Hollman, general counsel of the Baptist Joint Committee for Religious Liberty. “For those who are careful about separating the responsibilities of the government from the private religious practices of the citizens it serves, the practice is something to be avoided.”
The North Carolina resolution, if passed, would not have had the force of law. Even the bill’s sponsors admitted it was largely symbolic, with one saying he “didn’t expect it to go anywhere.” It was effectively killed April 4 when House of Representatives Speaker Thom Tillis said it would not come up for a vote. In addition to raising questions about efficient use of legislative time and resources, the measure illustrates ongoing attempts to thwart the very constitutional safeguards that have allowed religious liberty to thrive.
From the April 2013 Report from the Capital. Click here for the next article.
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