What is the proper recourse to get a discriminatory (and unconstitutional) State employment law off the books?

Question

... and does it require a lawsuit by the employee, first?

The laws (in 9 states) prohibit atheists from working for the government.
http://www.godlessgeeks.com/LINKS/StateConstitutions.htm

Answer 1

I doubt that those laws are really enforced any more. That said, you could contact the ACLU and see what they're doing about it.

I don't think actually that those laws are unconstitutional - point out the part of the constitution that says they are, please, if you think they are.

Answer 2

Since it is actually illegal for employers to ask if you beleive in God or not, there really is no way that anyone can enforce that law.

Otherwise I think you would need a contact with a state representative to sponsor a bill in that state legislature repealing the law you are fighting. And make sure it actually gets passed. And this would have to be done on a state by state basis.

Good Luck.

Answer 3

You really need to be more specific.

What does the "law" discriminate against. There are only certain things that would be discriminatory in the legal sense.

For instance, a law that discriminates against black people violates the Title VII of the Civil Rights Act of 1964, as amended.

However, a law that discriminates against poor people may be bad, but it isn't discriminatory under the employment laws.

If you were more specific, it would be easier to answer. Email for further info.

Answer 4

has to be a constitutional amendment, laws are seldom if ever taken of the books, there are still laws on the books from over 200 years ago

Answer 5

Be more specific...what state are you in, what is the law that is discriminatory and unconstitutional?