Atheists "Unfit to Serve" in Seven States

According to their respective state constitutions, it is illegal for atheists to hold office in Arkansas, Maryland, Texas, Mississippi, Tennessee, and both Carolinas.

Surely these are dormant, outdated clauses, you say? Not so fast: in Asheville, North Carolina, enraged Christians are demanding that duly-elected council member Cecil Bothwell resign because he does not believe in God. They have the state law on their side. Article 6, section 8 of North Carolina's constitution says: "The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God."

Comments

[Erik Sherman]

I'd love to see this pushed in court, as ultimately it would come down under the U.S. Constitution, with precedent suggesting that the Supreme Court would have to strike the ordinance. (Please tell me that the season doesn't have me unreasonably optimistic. Please.)

[Don]

To the previous poster, state rules take precedence over federal rules.

None the less, silliness prevails, everywhere.

[KP]

This issue has been decided by the US Supreme Court in Torcaso v Watkins (1961):

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=367&invol=488

The lines in the various state constitutions are remnants that have no effect. They just haven't been taken out because of the logistics of making changes to the various constitutions.

@ Don:
You are correct that in many instances state laws take precedence, but this is a special case. The US Constitution's 14th Amendment (1861) states:

"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 in Torcaso affirmed that the 14th Amendment prevails in this issue.

It's disappointing that we still have these bigoted history lessons enshrined in laws, but you can at least take comfort that they have no force.

Another good reference for this issue is:

http://www.religioustolerance.org/texas1.htm

Cheers!

[KP]

Oops, I forgot this key point too...

The Supremecy Clause (Article VI of the US Constitution) settles conflicts between the US Constitution and state law (US federal law takes precedence).

Cheers!