Again:With having freedom of religion,how can in 7 US States an Atheist not be allowed a job in politics?

Question

I just asked this, and almost all the religious people called me a liar. Kinda funny. I'm not American, but it seems I have to provide you with information about your constitutions.

Well, here it is:
http://www.godlessgeeks.com/LINKS/StateConstitutions.htm

or here:
http://www.secularhumanism.org/library/fi/flynn_20_1.htm

Few examples for those too lazy to click on the links:

Arkansas's Constitution, Article XIX, sec. :
"No person who denies the being of a God shall hold any office in the civil departement of this state."

Tennessee's Constitution, Article IX sec.2
"No atheist shall hold a civil office"

Same laws exist in Maryland, Pennsylvania, South Carolina, North Carolina, Texas.

So, I ask again: With having freedom of religion,how can in several US States an Atheist not be allowed a job in politics??

Answer 1

Well, it's important to remember that the US, like Britain, has a 'Common Law' system, so that just because a law is on the books doesn't mean it's enforceable. About a dozen states have laws against sodomy which were created specifically to persecute homosexuals. While the US Supreme Court has struck down these laws as explicitly unconstitutional, most of them are still on the books. It takes so much effort to legislatively revoke a law that it's not worth it, especially when everyone knows its unenforceable.
The reason the laws you're talking about haven't been specifically overturned is that they haven't been tested. The only way they could be tested is for an Atheist to get elected to office in one of these states, and then have someone say they can't hold office because of their religious stance. And since no Atheist can get elected to office, that will never happen.
The reason no atheist can get elected has nothing to do with laws on the books, but with the intelligence of the American electorate. This is the same electorate to which Dubya Bush owes two terms in the White House.

This is not to say there are no atheists in public office those states. It's not like candidates are given lie detector tests to prove they really do believe in a Creator - so the only way someone would be challenged is if they announced, during the campaign, that they were an atheist. Everyone knows this is political suicide, so they just join a local church instead. It's just like gay & lesbian politicians - unless you are itching for a fight, it's much easier to just play along and pretend you're something else.

Answer 2

Such clauses are unconstitutional. Article VI of the US Constitution states:

"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."

No one has ever challenged them, that's why they are still in those constitutions. This article DOES apply to the states. Additionally, the First Amendment (via the Fourteenth Amendment) also prohibits the states from religious discrimination.

In response to one poster above, the US is not, nor ever has been, a Christian Country. The Founding Fathers were predominantly Deists.

Answer 3

That's incredible, and it's not just hypocritical, it's outright treasonous. Those who defended the practice here should be aware that you're attacking the United States.

And contrary to another answer, the U.S. Constitution's ban on such religious tests does apply to the states. Article VI of the U.S. Constitution states that

"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."

That's pretty clear, isn't it? Besides, Marbury vs. Madison, I believe, established that the rules at the federal level also constrict the actions at the state and lower levels.

Answer 4

I asked you which states and you gave me an answer. Thanks. Are these laws enforced? There are laws concerning cows and spitting on the sidewalk too but they are ignored. It is difficult to repeal a law in the US once it is on the books. This is why there are so many theoretical hurtles in getting laws enacted.

To my knowledge no atheist is prevented from holding public office in the US. One thing I feel certain of though is that the opponent would probably mention the fact that the person is atheist during an election and a smear campaign would take place.

People WOULD actually not vote for a man or woman who was openly atheist, that is true. But against the law? Only the age and citizenship requirements are strictly followed, as far as I know.

I am thankful that Mississippi is not one of the states mentioned.

Answer 5

It's very simple...the way these documents work is that no wording is ever removed, but amended later, which undoubtedly most of these are. Nevertheless, each of these provisions are unconstitutional under the Federal constitution and therefore null.

If one reads the US constitution, it still says that a '*****' (just using the term in the document) is 3/5th of a person when determining the population of a state. Of course, this was later amended out, but the original language is still there.

This is the way codes of laws work....nothing enacted is ever removed...just countered by later legislation.

Answer 6

Well they called you a liar because you seem to be an atheist (duh!).

Seriously, I'm amazed those haven't been fought in court but when you look at what happens whenever that Sacremento guy goes up against the prayer of allegiance you can maybe see what a wall secular humanists are up against when it comes to fighting these issues. People just don't get that exercised about it unless it's their ox getting gored.

Answer 7

Because our country can be just as hypocritical as some Christians.

Also, MOST (not all) of those states are southern states. I myself, am a southerner, and can tell you it's BIBLE country down here. Red states through and through. If you are not a card carrying member of the local Christian church, you are surely getting an earful!!! No one will try to fight that around here, unless they plan on moving up north and away from the shotguns! :)

Answer 8

I am also not American, but the answer u are seeking is that this country was founded by people who fully believed in God. The laws are based on the commandments. The constitution is based on equality. If u don't believe in what the founding fathers believed in, you are not equal to the standards that set this country in the first place over 200 years ago. Sorry, and I know it sounds silly, but this country is a Christian country. And the government sees fit to not hire a non christian. Very hypocritical I know, but try and fight city hall. It's an uphill climb, but you can make it.

Answer 9

Sounds like an issue the ACLU should take up. These are aparantley state laws, and if they are unconstitutional, wich is sould like they are, and violate civil liberties, wich it seems they do, they should be challenged.

Answer 10

because essentially the freedom OF religion means we can choose any religion, of which a lack thereof is not a choice. The freedom given us by the US constitution is not what a lot of people believe it to be, which is freedom FROM religion. Crazy huh?