By L.A. Williams
Christian Action League
August 9, 2024
How well does North Carolina protect our religious liberty? According to a recent report from the Center for Religion, Culture and Democracy, the Tar Heel State ranks 32 out of 50 with a score of 39 percent. The score is a slight increase from 2023, when the state scored 37 percent and ranked 35th in the nation.
An initiative of First Liberty, the CRCD publishes the Religious Liberty in the States index each year focusing on select legal safeguards in state laws and constitutions. The index examines 39 legal protections in 16 categories. Despite the fact that no state scored above 80 percent, researchers involved with the study over the past three years say results are moving in a positive direction with many states making significant progress.
“We’re glad to see that, across the nation, the tide is turning as more people rediscover the importance of defending this most basic right, our freedom of religion,” said the Rev. Mark Creech, executive director of the Christian Action League. “But obviously, there’s room for improvement in many states, including North Carolina, especially since we have in place fewer than half of the recommended safeguards.”
In fact, the report showed just 12 states scored 50% or higher.
The categories examined in the study include healthcare provisions, health insurance mandates and statutes regarding marriage and weddings, religious ceremonial life, and students. States could also earn points for having passed a religious freedom restoration act.
North Carolina earned checkmarks in the health insurance category for not mandating that plans cover abortion or sterilization. In the student category, the report noted that North Carolina public K-12 schools as well as public colleges and universities offer excused absences for religious observance but not for religious instruction. The state also earned a check for offering religious exemptions for required student immunizations.
The marriage and weddings category showed that North Carolina does not offer legal protections for clergy to recuse themselves from taking part in a ceremony if a marriage conflicts with their religious convictions. However, government officials who license or perform marriages may recuse themselves for religious reasons.
Like half of U.S. states, North Carolina does not have a Religious Freedom Restoration Act in its statutes or constitution. It was among 16 states that had RFRA legislation proposed during the 2015 legislative season. But only two, Indiana and Arkansas, passed the measures.
Patterned after the federal RFRA law passed by Congress in 1993 and signed into law by President Bill Clinton, these laws stipulate that the religious liberty of individuals can only be limited by the “least restrictive means of furthering a compelling government interest.” The federal law was intended to apply to federal, state, and local governments, but in 1997, the U.S. Supreme Court ruled that it applies only to the federal government, not states or local municipalities.
“The Christian Action League supported the passage of an RFRA, and there was broad support from the people, but it stalled after a huge misinformation campaign was launched against the bill,” said the Rev. Creech. “This is a measure that is definitely worth another look from state lawmakers.”
Turning lawmakers’ heads is part of the goal of the Center for Religion, Culture and Democracy. The organization has released a guide called Securing Religious Liberty in Your State. The manual includes sample laws that can be used as a template for proposed legislation.
Despite its low religious freedom ranking, North Carolina has been named the 10th most religious state in the nation by Wisevoter.com, a website reporting that 65 percent of the state’s residents are religious.
States showing the most improvement in religious freedom in the CRCD study include Florida, Montana and West Virginia. Learn more at https://religiouslibertyinthestates.com/
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