There are several states that do not allow atheists to hold public office. What are your thoughts on this?
Texas: Article 1, Section 4.
http://tlo2.tlc.state.tx.us/txconst/sections/cn000100-000400.html
Arkansas: Article 19, Section 1
http://www.arkleg.state.ar.us/data/constitution/ArkansasConstitution1874.pdf
North Carolina: Article 6, Section 8.
http://statelibrary.dcr.state.nc.us/nc/stgovt/article_vi.HTM
Tennessee: Article 9, Section 2.
http://www.tncrimlaw.com/law/constit/IX.html#2
2007-11-21 08:25:17 · 8 answers · asked by Take it from Toby 7 in Politics & Government ➔ Law & Ethics
I agree with the other answerers in large part. The 3rd answer regarding gun laws is a little murky still, but will be examined by the US Supreme Court this session. Madeline Murray O'Hair (spelling tenuous), the famous Texas atheist, challenged Texas law that barred atheists from jury duty, voting and public office. She won on the jury duty and voting issues, but the Court (Supreme Court--O'Hair v. White) declined to rule on the public office question because she was not a candidate for an elective position. Therefore, she did not have "standing" to raise the issue. If the right CANDIDATE raises it, I think these laws would be found unConstitutional. However, how likely is it that an avowed atheist will be a candidate in these states and take the issue to the US Supreme Court? Not real likely in my opinion. I think they violate both the establishment clause and equal protection. EDIT: The 4th answer wasn't posted when I answered. That is a great answer, too.
2007-11-21 09:18:04 · answer #1 · answered by David M 7 · 4⤊ 0⤋
1. Texas. This was overturned in 1978. See O'Hair v Hill.
Other wingnut bible-thumping states have a clause in their "constitution" but, it is unenforced and unenforcable.
Article Six of the United States Constitution bans such qualifications when it states, "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." It is rarely enforced, since it would almost certainly be thrown out if challenged in court.
A state can write anything it wants in it's constitution or bylaws. The trick is to enforce it.
You see, States cannot enforce laws that tend to override the U.S. Constitution. Many other such nonsense has been taken before the Supreme Court...for years--and they have ALL been lost.
It is only the backward states that still try this nonsense.
2007-11-21 16:25:43 · answer #2 · answered by Anonymous · 1⤊ 0⤋
According to US Supreme Court Case Law, that is absolutely unconstitutional. The first guy is right. This violates the Free Exercise Clause of the First Amendment right to Freedom of Religion. However, if no one challenges it, it remains on the books. Some of these provisions are pretty old--the Tennessee one talks about 'duelists' for goodness sakes. There are probably anti-sodomy laws, whose constitutionality is also in question now, that have not been challenged in these southern states and are still existent.
Under the Supremacy Clause of the US Constitution, no state law 'suprecedes' federal law that is Constitutionally promulgated, period.
2007-11-21 09:07:13 · answer #3 · answered by qb 4 · 3⤊ 0⤋
I certainly don't think there's a chance that the US Constitution would allow this anyway. These are laws on the books that are not pursued. I can tell you right now there are atheists elected to public office in NC...even if they don't advertise that fact.
2007-11-22 13:39:15 · answer #4 · answered by rob1977nc 6 · 0⤊ 0⤋
Its called "states rights" allowed for also in the US constitution, in which many cases do supercede federal law (which may or may not be constitutional, that's what the Supreme Court is for).
Look at the 2nd amendment, some states have made up their own laws restricting the purchase of arms, in contradiction to the obvious and clear 2nd amendment rights.
2007-11-21 08:47:29 · answer #5 · answered by TexasTrev38 5 · 1⤊ 1⤋
If ever challenged these provisions would be struck down by the US Supreme Court, but until then it's probably not in the self-interest of any state legislator to change it, it would just become an unnecessary political issue (from their perspective).
2016-05-24 22:26:25 · answer #6 · answered by ? 3 · 0⤊ 0⤋
My thoughts are the First Amendment to the Federal Constitution will overrule them and make them unconstitutional.
Religion (even the lack of it) can not be legislated or regulated by the government in the US.
2007-11-21 08:29:40 · answer #7 · answered by Citicop 7 · 3⤊ 1⤋
It's outrageous. It's the USA!
2007-11-21 08:32:50 · answer #8 · answered by oneblondepilgrim 6 · 3⤊ 1⤋