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The Christian State of North Carolina?


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#1 teeray

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Posted 02 April 2013 - 09:19 PM

These fugging guys!

http://www.wral.com/...olina/12296876/

A bill filed by Republican lawmakers would allow the state to declare an official religion, in violation of the Establishment Clause of the US Bill of Rights, and seeks to nullify any federal ruling against Christian prayer by public bodies in North Carolina.

The bill grew out of a federal lawsuit filed last month by the ACLU against the Rowan County Board of Commissioners. In the lawsuit, the ACLU says the board has opened 97% of its meetings since 2007 with explicitly Christian prayers.

Overtly Christian prayers at government meetings are not rare in North Carolina. Since the Republican takeover in 2011, the state Senate chaplain has offered a explicitly Christian invocation virtually every day of session, despite the fact that some senators are not Christian.
In a 2011 ruling on a similar lawsuit against the Forsyth County Board of Commissioners, the Fourth Circuit Court of Appeals did not ban prayer at government meetings outright, but said prayers favoring one religion over another are unconstitutional.

"To plant sectarian prayers at the heart of local government is a prescription for religious discord. ...where prayer in public fora is concerned, the deep beliefs of the speaker afford only more reason to respect the profound convictions of the listener. Free religious exercise posits broad religious tolerance."


House Bill 494,filed by Republican Rowan County Reps. Harry Warren and Carl Ford, would refuse to acknowledge the force of any judicial ruling on prayer in North Carolina, or indeed on any Constitutional topic:


"Whereas, the Constitution of the United States does not grant the federal government and does not grant the federal courts the power to determine what is or is not constitutional; therefore, by virtue of the Tenth Amendment to the Constitution of the United States, the power to determine constitutionality and the proper interpretation and proper application of the Constitution is reserved to the states and to the people; and


"Whereas, each state in the union is sovereign and may independently determine how that state may make laws respecting an establishment of religion;"


The Tenth Amendment argument, also known as "nullification," has been tried unsuccessfully by states for more than a century to defy everything from the Emancipation Proclamation of the Civil War to President Obama's health care reforms to gun control.
The bill goes on to say:

SECTION 1. 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.


SECTION 2. The North Carolina General Assembly does 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.


Eleven House Republicans have signed on to sponsor the resolution, including Majority Leader Edgar Starnes, R-Caldwell, and Budget Chair Justin Burr, R-Stanly.



#2 Kurb

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Posted 02 April 2013 - 09:31 PM

I mean how any more ways can these guys poo the bed.

#3 TruthVsComfort

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Posted 02 April 2013 - 09:36 PM

I am saddened and disappointed at what our state is becoming. This state is my home and I never imagined living in another state. However, if some of these recent bills pass (divorce/bible in school etc) and the Republicans are not voted out of office in the next cycle, I will be forced to leave for a more progressive state for personal and professional reasons.

#4 Kurb

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Posted 02 April 2013 - 09:40 PM

It's bad.

They are talking religion out of one side of their mouths and telling regulators to get out of the way for businesses on the other.

Dumbasses

#5 teeray

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Posted 02 April 2013 - 09:42 PM

I can't help but feel that this bill has less to do with prayer in public bodies and more to do with an attempt to circumvent future ruling by the Supreme Court and laws passed by the federal government on matter pertaining to gay rights, abortion rights, contraception, etc.

#6 Kurb

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Posted 02 April 2013 - 09:43 PM

I can't help but feel that this bill has less to do with prayer in public bodies and more to do with an attempt to circumvent future ruling by the Supreme Court and laws passed by the federal government on matter pertaining to gay rights, abortion rights, contraception, etc.


It's a vote grab.

Just like amend 1 was.

#7 PhillyB

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Posted 02 April 2013 - 09:44 PM

banning breasts, banning divorce, banning gays, institutionalizing religion

good thing for small government republicans amiright

#8 pstall

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Posted 02 April 2013 - 09:44 PM

I could see more for abortion and contraception than anything else.
I need to dig into this further before I give a drive by but it looks really dumb and pandering to a base/lobbyists.

#9 teeray

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Posted 02 April 2013 - 10:05 PM

I could see more for abortion and contraception than anything else.
I need to dig into this further before I give a drive by but it looks really dumb and pandering to a base/lobbyists.


Don't need to dig any deeper. It is a short bill and can be read in its entirety here:
http://www.ncleg.net.../PDF/H494v0.pdf

Here is the text:


DEFENSE OF RELIGION ACT OF 2013.

Whereas, the Establishment Clause of the First Amendment of the Constitution of the United States reads:"…Congress shall make no law respecting an Establishment of Religion, or prohibiting the free exercise thereof;…"; and

Whereas, this prohibition does not apply to states, municipalities, or schools; and

Whereas, in recent times, the federal judiciary has incorporated states, municipalities, and schools into the Establishment Clause prohibitions on Congress; and
Whereas, the Tenth Amendment to the Constitution of the United States reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

Whereas, the Tenth Amendment of the Constitution of the United States prohibits the federal government and prohibits the federal courts from expanding the powers of the federal government beyond those powers which are explicitly enumerated; and

Whereas, the Constitution of the United States does not grant the federal government and does not grant the federal courts the power to determine what is or is not constitutional; therefore, by virtue of the Tenth Amendment to the Constitution of the United States, the power to determine constitutionality and the proper interpretation and proper application of the Constitution is reserved to the states and to the people; and

Whereas, each state in the union is sovereign and may independently determine how that state may make laws respecting an establishment of religion; and

Whereas, Rowan County, North Carolina, asserts that the protections afforded to citizens of the United States under the First Amendment are not in any way to be abridged when such citizens become government actors by virtue of their appointment, election, contract, employment, or otherwise engagement; and

Whereas, Rowan County, North Carolina, requests and encourages the North Carolina General Assembly to pass a resolution declaring that the State of North Carolina does not recognize the authority of federal judicial opinions arising from the exertion of powers not granted to the federal government by the Constitution of the United States; Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:

SECTION 1. 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.

SECTION 2. The North Carolina General Assembly does 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.

SECTION 3. This resolution is effective upon ratification.



#10 Kurb

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Posted 02 April 2013 - 10:06 PM

banning breasts, banning divorce, banning gays, institutionalizing religion

good thing for small government republicans amiright


They aren't doing it right!!


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