Republican lawmakers in North Carolina have introduced a bill declaring that the state has the power to establish an official religion — a direct challenge to the First Amendment.
The bill says that federal courts do not have the power to decide what is constitutional, and says the state does not recognize federal court rulings that prohibit North Carolina and its schools from favoring a religion.
The bill was introduced Monday by two Republican representatives from Rowan County, north of Charlotte, and sponsored by seven other Republicans. The party controls both chambers of the North Carolina Legislature.
The two lawmakers who filed the bill, state Reps. Harry Warren and Carl Ford, did not immediately return calls Wednesday from NBC News.
The American Civil Liberties Union sued last month to stop the Rowan County Commission from opening meetings with Christian prayers. One of those prayers declared that “there is only one way to salvation, and that is Jesus Christ,” the ACLU said.
The bill does not specify a religion.
The North Carolina ACLU chapter said in a statement Tuesday that the sponsors of the bill “fundamentally misunderstand constitutional law and the principle of the separation of powers that dates back to the founding of this country.”
North Carolina scholars also cast doubt on the bill.
“It has elements of not being American,” Gary Freeze, a professor of politics and history at Catawba College, told The Salisbury Post. “I think it goes far beyond religion and frankly doesn’t have a lot to do with North Carolina or tradition.”
Another professor at the college, Michael Bitzer, told the newspaper that the bill is based on discredited legal theory that the states can declare themselves exempt from federal law.
“We saw this in the aftermath of Brown v. Board of Education,” he said, referencing the integration ruling. “The belief is that the states hold more power than the federal government. If the federal government does something, the states can simply ignore it.”
This story was originally published on Wed Apr 3, 2013 10:45 AM EDT