Atheists Banned From Public Office

Posted on 25. Feb, 2010 by Justin Veals in Politics

This afternoon, I was scrolling the RCF’S (Richard Dawkin’s Foundation) YouTube page. Located in their favorites, was a video excerpt from The Rachel Maddow Show titled Atheists Banned From Public Office in 7 States. The title got my attention, so I checked it out.

The video was a short piece about Cecil Bothwell. You see, Mr. Bothwell was recently elected to the city council in Asheville, North Carolina. He was sworn in on December 8^th. The only problem was that instead on putting his hand on a bible and saying, “So help me God”, he – in accordance with state law – chose to affirm rather than swear.

Mr. Bothwell is an atheist. I would say, “So, what.” However, in North Carolina’s state constitution there is a section that deals with the reasons a person would be disqualified from holding public office. Article 6, section 8 reads “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”

If legal follow-through in our country ended at the state level, Mr. Bothwell would have no right to hold any public office in the state of North Carolina. Which would mean that people such as H.K. Edgerton, a former member of NAACP, would be right when they say things like, “I’m not saying that Cecil Bothwell is not a good man, but if he’s an atheist, he’s not eligible to serve in public office, according to the state constitution.”

Thankfully, our legal system stretches beyond the borders of North Carolina. The U.S Constitution includes two clauses in Article VI that should make all these arguments null. First, Clause Two of Article VI states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Basically, if the federal government says something is unlawful, then it is unlawful in all 50 states. If something is barred in the U.S. Constitution, then it is barred inALL 50 STATES.

The third clause of Article VI reads, “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” Clearly, religion is not a legal disqualification for the right to hold public office within the United States. It may still be a heated political reason, but it is in no way legal to deny someone the right to serve the people of this great country because they do not believe in God or the afterlife.

I mention the afterlife for one reason. It is not discussed in North Carolina’s Constitution, but it is discussed in my states constitution. I live in Tennessee, one of the other six states that have similar bans on atheists from holding office. Tennessee: State Constitution Article 9, Section 2. – “No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.” In Tennessee, you have to either believe in God or some sort of merit based afterlife. I was thoroughly disgusted to find that my state had this law on the books.

There is talk that a lawsuit will be brought against Mr. Bothwell to remove him from office. It is a legal battle that I think he will win. Legally, there is no reason for him not to serve. That does not mean there will be no lawsuit. It only means that he should win. My main fear is that even though he will win such a legal battle, it might cripple his ability to do what he was elected to do: serve the people of the City of Asheville.

While doing some internet research, I found not 7 states but 8 states that have a similar prohibition. Here they all are. If there have been any changes to these laws, please let me know.

State Constitutions that Discriminate Against Atheists

Arkansas State Constitution, Article 19 Section 1 (“Miscellaneous Provisions”)

“No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court.”

Maryland’s Declaration of Rights: Article 36

“That as it is the duty of every man to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought by any law to be molested in his person or estate, on account of his religious persuasion, or profession, or for his religious practice, unless, under the color of religion, he shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequent, or maintain, or contribute, unless on contract, to maintain, any place of worship, or any ministry; nor shall any person, otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefore either in this world or in the world to come.”

Article 37

“That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God”

Mississippi State Constitution Article 14 (“General Provisions”), Section 265

“No person who denies the existence of a Supreme Being shall hold any office in this state.”

North Carolina’s State Constitution, Article 6 Section 8

“Disqualifications of office. The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”

Pennsylvania’s State Constitution, Article 1 Section 4

“No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.”

South Carolina’s State Constitution, Article 4 Section 2

“No person shall be eligible to the office of Governor who denies the existence of the Supreme Being”

Tennessee’s State Constitution, Article 9 Section 2

“No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.”

Texas’ State Constitution, Article 1 Section 4

“No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.”

This should not outrage only atheists, not only Christians, but everyone who believes in our system of government. Church and State are separated for good reason. God’s outlook is not always the people’s outlook. We live and breathe freely by the rule of law, not the rule of God. You are allowed to go to any church and believe in any tenet of any religion that you wish because the Constitution allows you that freedom. The rule of law keeps you from being discriminated against for said beliefs.

I can only imagine the outrage that would ensue if the tables were flipped. Imagine that if you stated a belief in God or the afterlife, you could not hold office, or that part of your inauguration included a speech that would force you to denounce that belief. The religious in this country would not have it. Hell, they get upset if someone says happy holidays or merry Xmas.

I could write about this all day, but I won’t. Just wanted to share with you guys some of my thoughts of this subject. Let me know what you think in the comment section.

Thanks for reading! See you guys tomorrow!

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