April 4th, 2013
02:06 PM ET
By Eric Marrapodi and John Blake, CNN
(CNN)– Politicians often declare that the U.S. is a Christian nation, but a group of representatives in North Carolina wants to add a new wrinkle to that argument.
They want North Carolina to be able to make its own laws establishing religion.
Two Republican representatives in North Carolina filed a resolution Monday that would permit the state to declare Christianity its official religion and reject any federal laws or court rulings regarding how the state addresses the establishment of religion.
Critics say the resolution violates the U.S. Constitution’s First Amendment guarantee that government will not prefer one religion over another. But a supporter of the resolution said it is about protecting another freedom.
The resolution reads in part, "The North Carolina General Assembly does not recognize Federal court rulings which prevent the state, its public schools, or any political subdivisions in the state from making laws respecting the establishment of religion."
Rep. Carl Ford, the resolution’s co-sponsor, told the Salisbury Post the resolution's intent is to support county commissioners in Rowan, North Carolina, who routinely end their invocations at public meetings with "In Jesus' name, amen."
A Rowan County resident filed a lawsuit against the county in March saying that she was not a Christian and that evoking Jesus in a public meeting sends the message that county commissioners favor Christians.
“We’re not starting a church. We’re not starting a religion. We’re supporting the county commissioners in their freedom of speech,” Ford told the Post.
Ford did not respond to interview requests.
By Thursday afternoon, the resolution was dead.
Jordan Shaw, a spokesman for North Carolina House Speaker Thom Tillis, said, "the bill that is getting so much attention is not going to move. It's dead."
Shaw said it would probably be referred to committee but would not come before the legislative body for a vote.
When asked why it was not moving forward, Shaw said the legislation did not accomplish what the legislators who had submitted the resolution had hoped for it.
Barry Lynn, executive director of Americans United for Separation of Church and State, a Washington-based organization that aims to protect religious liberty, said Ford's argument is “phony.”
“That’s quite a bizarre argument,” Lynn said. “They’re trying to say that the state of North Carolina has the right to trump the U.S. Constitution, that we have the right to decide what religion gets preferential religion in our state.”
David Graham, an associate editor for The Atlantic Monthly, said the North Carolina resolution signals the revival of the states' rights “nullification” theory: a legal argument invoked as far back as the 19th century that claims states have the right to void, or nullify, federal laws they oppose.
During President Obama’s presidency, conservatives have claimed that states could ignore duly passed federal laws dealing with health care and gun control, Graham wrote in a blog post for The Atlantic.
Courts don’t buy the nullification theory, Graham said.
“Nullification has repeatedly been ruled to be incorrect,” he said. “States don’t have the right to invalidate federal laws.”
The nullification theory won’t die, though, because it serves a purpose, Graham said.
“It’s good politics for the people proposing it,” he said. “If people are upset that the federal government is keeping them from praying at a City Council meeting or changing the way they get health insurance, a politician can say, 'This is wrong and I’m going to take a stand.' ”
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