This should, and probably will be, be laughed out of the first Federal Court that looks at it – even one of a hard core right-wing judge.
The First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The Fourteenth Amendment, Section I:
1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
The US Supreme Court has ruled that the prohibitions of the First Amendment constrain the states as well, through the 14th Amendment. To overturn that, would wreak havoc on the entire judicial system. It ain’t gonna happen.
But, to answer the headline question – definitely banana republic.