Constitution

Celebrating the Birth of Christ: In Public School and Public Square
The Alliance Defense Fund provides valuable insight into the forms of religious expression that are allowed in the public schools and in the public square during the Christmas season. November 2007.

Paving the Way for the Thought Police
Alan Sears, president of the Alliance Defense Fund, writes about the chilling effect that special rights legislation, also known as "hate crimes" will have on free speech and the ability of citizens to engage in truthful conversation about homosexuality and other issues. July 2007.

Protecting Marriage: North Carolina Law and the Preservation of Marriage
The ongoing controversy over a Federal Marriage Amendment (FMA) highlights the fact that the issue of same-sex marriage has moved front and center in the American political landscape. Opponents of the FMA in Congress have said that the issue should be left up to the states. Meanwhile, proponents say that it is necessary to protect the states. At the same time, opponents of a constitutional amendment at the state level have said that North Carolina's laws are sufficient to protect marriage, while supporters say that North Carolina's marriage laws are vulnerable to redefinition by the courts. This paper examines the status of North Carolina law, discusses why marriage is vulnerable to redefinition by an activist court and explains why an amendment to the North Carolina Constitution is necessary to protect marriage. November 2004.

Supreme Judicial Activism: Analyzing the Supreme Court's "Lawrence" Ruling
All laws, regardless of what the Court may state, have moral underpinnings. To say that laws do not (or should not) impose a moral code is nonsensical—laws by nature are a moral code. The legislative process is also the appropriate venue to establish the guidelines for the health, safety, and welfare of the community. It has been firmly established that the act of sodomy causes serious health risks. In Lawrence, the Court made law rather than interpreting the law, and the Court stripped from the people the power to govern themselves. December 2003.

A Wall of Separation? The Evolution of the Separation of Church and State
The judicial system has taken the Establishment Clause to the extreme, thus effectively eliminating many rights under the Free Exercise Clause. The irony is that, through an attempt to make sure that no religion is endorsed by the government, the courts have essentially created a new state religion—secularism—that is readily affirmed by many of the decisions our courts make today.This paper shows how, through judicial interpretation, the relationship between the spheres of religion and government has evolved and how those wishing to protect religious freedoms find themselves now fighting this new religion of secularism. September 2003.

Let the People Vote? Why a lottery referendum is still unconstitutional
This paper discusses the legal theory and practical application behind the conclusion that a lottery referendum is unconstitutional in North Carolina. The North Carolina Constitution does not provide for a referendum process for legislation on which the General Assembly already has the authority to act. May 2002.

The Ten Commandments: Historical education vs. separation
The controversy of posting of the Ten Commandments has become a fixture in the debate on the separation between church and state. This paper discusses the legislation surrounding the controversy, the historical significance of the Ten Commandments, the three prongs of the Lemon test, and what is constitutional. July 2001.

Special Rights for Homosexuals: Why sexual orientation should not be a protected class
Granting homosexuals special rights sends a strong message to society. It says that people who make this lifestyle choice deserve the same legal status and protection as someone who is born black or female or handicapped. By taking the focus off of immoral behavior and making homosexuals victims, gay rights groups engender more support for their lifestyle. For this reason alone, it is vitally important that pro-family citizens understand the danger of granting homosexuals special rights. July 1999