Despite obvious constitutional concerns, North Carolina Republicans have introduced legislation that would clear the way for the state to adopt an official, state religion.
North Carolina Representatives Carl Ford (R-China Grove) and Harry Warren (R-Salisbury) are the primary sponsors of the controversial legislation introduced into the state’s General Assembly on Monday, April 1.
The legislation, backed by nine other Republicans, says each state "is sovereign" and courts cannot block a state "from making laws respecting an establishment of religion."
If passed, the proposed legislation would declare that the state of North Carolina is exempt from the U.S. Constitution and court rulings. The proposed law states that the First Amendment’s “Establishment Clause,” which prohibits Congress from passing laws respecting the establishment of religion or prohibiting the free exercise of religion, simply does not apply to the states.
In a statement released Tuesday, ACLU of North Carolina Legal Director Chris Brook took aim at the resolution:
The bill sponsors fundamentally misunderstand constitutional law and the principles of the separation of powers that date back to the founding of this country.
Currently, the North Carolina state constitution disqualifies those who do not believe in God from public office. However, the provision has been unenforcible since the 1961 Supreme Court decision in Torcaso v. Watkins, which prohibited such bans.
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