North Carolina Legislators Propose Nullification Resolution In Response To County Prayer Policy Challenge

As previously reported, last month the ACLU of North Carolina filed suit on behalf of three Rowan County (NC) citizens challenging the opening of nearly all County Board of Commissioners meetings with sectarian prayer.  In response, on April 1 two members of the state House of Representatives from Rowan County (with 12 co-sponsors) introduced what amounts to a nullification resolution. HJR 494 (full text) provides (after a series of whereas clauses asserting states' rights theories):

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.

AP and Huffington Post yesterday reported on the bill.

UPDATE: According to an April 4 report by WRAL, House Speaker Thom Tillis' office says the resolution is dead and will not be voted on.