Are state constitutional provisions that ban atheists from office actually enforced?

Question

Some states have laws that prevent atheists from gaining political office or testifying. Is there a modern day case of these states actually enforcing these provisions?

Yes I understand if appealed the US government would shut the law down. But has anyone ever tried to enforce these laws. And yes some still exist in Arkansas Texas and a few other states.

Answer 1

Yes, TEXAS does. Whitehouse vs. Texas; 10/1976; UT law center; doc. BBX-00743-36

Whitehouse ( a self proclaimed atheist) was trying to run for district rep. position and it was discovered that it was a political stunt to challenge state laws. Dispositon - dismissed.

Whitehouse got some local meida attention but was not taken seriously and never filed for office.

Answer 2

Any attempt to enforce such a law would fail at the first hurdle. It would be a clear violation of the first amendment guarantee of freedom of religion.

It's worth noting that such 'establishment' laws exist in the Constitutions of most of the original 13 States. When the 1st was proposed and ratified the clear understanding was that it existed SOLELY to keep the FEDERAL Gov't out of religious affairs. Almost all the delegates who voted for it came from States that had established religions oif their own - they didn't want the Federal Gov't overriding them.

Richard

Answer 3

I am pretty sure that would be illegal because of the freedom of religion in the US Constitution which states that a person may practice any religion they wish but also can refuse to practice a religion if they so wish. The US Constitution would overrule a state constitution so even if there was a law in some state it would be struck down as unconstitutional.

Answer 4

What state constitution bans atheists from office? All state constitutions have to comply with the U.S. Constitution. The U.S. Constitution guarantees freedom of religion, therefore no state can do anything which would restrict that right.

Answer 5

they do no longer seem to be enforced anymore. they could desire to be bumped off because of the fact's discrimination. the justifications why lots of those have been placed into place become as a results of crimson Scare. After the Western international observed sixty six million+ Christians being slaughtered by making use of formally Atheist regimes interior the early to mid-twentieth century, alot of people pushed for those rules to avert "Christian murdering Atheists" from getting ability, and turning the U. S. into the U.S.. So, jointly as that's discrimination and could be constitutionally bumped off, i could rather be below those discriminatory rules than be taken care of an identical way human beings of my same ideology taken care of Christians.

Answer 6

There appears to be no direct evidence of such a law being enforced in my lifetime - 60 years.

Answer 7

yo u gotta be catholic in BROOKLYN, NYC unless you jew or black yo