...you deny the existence of God, would you claim to believe in God so that you can testify in court (supposing you were asked) or would you voice your disbelief and try to fight it? I'm asking because of such laws that exists in certain states.
2007-11-29 14:56:02 · 29 answers · asked by Anonymous in Society & Culture ➔ Religion & Spirituality
But they do...
2007-11-29 14:59:20 · update #1
The states which still have religious tests on the books include:
Arkansas' Constitution of 1874 (Article 19, Section 1) states: "Atheists disqualified from holding office or testifying as witness. No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any Court."[21]
North Carolina's Constitution of 1971 (Article 6, Section 8) states: "Disqualifications of office. The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God...."[22]. This was challenged and overturned by Voswinkel v. Hunt (1979).
South Carolina's Constitution of 2006 (Article 6, Section 2) states: "Person denying existence of Supreme Being not to hold office. No person who denies the existence of the Supreme Being shall hold any office under this Constitution."[23]
Source: Wiki
2007-11-29 15:02:31 · update #2
There's more, but it didn't fit. But I'm glad that none of you feel like a victim here, which is good. You can fight state laws by bring them to the Supreme Court, but the question is...is it worth it to you?
2007-11-29 15:05:22 · update #3
And I don't know if it's accurate, but an atheist here just gave me the Best Answer today and asserted that Texas has such a law as well now (which I doubted, but I'm assuming that he does more reaseach on this topic than I do).
2007-11-29 15:09:45 · update #4
Many of you say it can't happen, yet it has happened and had to be brought to the Supreme Court to be overturned. Sometimes I think many here just like to...argue.
2007-11-29 15:23:25 · update #5
Exousia: What are you talking about? It's a question (and apparently one that was for the edification of many here) based on religiously based laws that could just as well have been asked by an atheist.
2007-11-29 15:28:59 · update #6
"Would you claim to believe in God so that you can testify in court"?
No that would be lying.
Lying under oath is a big no-no.
Lying when you're not under oath is bad too.
2007-11-29 15:11:50 · answer #1 · answered by Pangloss (Ancora Imparo) AFA 7 · 0⤊ 0⤋
Um...what states would those be? Because that's clearly unconstitutional.
EDIT: Torcaso v. Watkins, 367 U.S. 488 (1961) was a United States Supreme Court case in which the court reaffirmed that the US Constitution prohibits States and the Federal Government from requiring any kind of religious test for public office.
As for Arkansas State Constitution Article 19: Section one, titled "Atheists disqualified from holding office or testifying as witness", states: " No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court."
It is commonly believed that 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. The same applies to all State's Constitutions.
2007-11-29 14:59:12 · answer #2 · answered by mental1018 3 · 7⤊ 0⤋
i've got to jump in here ,those who know of me know that i am not an atheist notwithstanding this is a can of worms best left unopened,even if there were such laws on the books,which i don't doubt,they would never hold up under the scrutiny of the supreme court.
as for the separation issue the only thing stated in the constitution is that there shall be no state religion,an entity that a lot of the f.f. were fleeing when they came here in the first place.most weren't christians in the traditional sense,by the way ,but almost all of the framers were freemasons ,an organization that had come under increasing fire in europe at the time.so as such while not necessarily christian per se they did make a lot of references to our creator this that and the other.and so comes the "so help me god" part of the oath ,which basically means i swear to tell the truth under penalty of perjury ,and ms.stewart can tell you they're serious about that s**t.
but back to my point ,if we bring into question the belief system of every witness whose testimony has landed some crook in jail ,then that's pretty well the end of our justice system as we know it ,and a baby step towards anarchy.(no offense to my anarchist friends intended)
joe c
2007-11-29 15:48:12 · answer #3 · answered by joe c 6 · 0⤊ 0⤋
Those laws are a direct violation of the US Constitution which forbids any religious test for holding office. Are they ever actually enforced or are they just archaic remnants that remain on the books?
To answer your question, I would testify in court and if they barred my testimony because of my atheism the case would probably challenged on appeal. The issue would eventually get to the US Supreme court which would overturn those state laws.
Which is why I suspect that those laws are never enforced.
2007-11-29 15:08:05 · answer #4 · answered by Anonymous · 2⤊ 1⤋
Without the belief in God Atheists are rendered useless to testify...is that what you said? Lmfao, but I thought most if not all believers in God are sinners. Are you telling me a sinner has more credibility that an honest atheist.
LoL, if you're about to tell me that there is no such thing as an honest atheist. That's like saying holy-men are flawless, or incapable of wrong-doing. Now that's illogical and quite devious.
No, if I couldn't testify I would not lie to testify. Who am I to question man's inanity? What a fraudulent future that will bring.
2007-11-29 15:21:14 · answer #5 · answered by Adversity 3 · 2⤊ 2⤋
Which states? You claim to know they do, but cant list a state that does?
Ok, how about the link you are reading from.. I hate copy and paste, add the link!!!
Anyways, I am surprised this is true. I would have thought that to be unconstitutional. And whats even more interesting is I live in one of those states and didnt know that. But, it is the Bible Belt I guess.
Nc doesnt count anymore, since it says it was overturned..
2007-11-29 15:01:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Are you refering the the fact that we lay a hand on the Bible and swear to God to tell the truth? In that case, refusing to do so would mean that you do not take an oath of honesty. Witnesses are required to do this before they testify. It's a honor system, but tradition and law in the courts. Maybe they will change the wording of that after they get done with the pledge of alliegance.
2007-11-29 15:02:49 · answer #7 · answered by Anonymous · 0⤊ 2⤋
There are no states that make such a requirement. I am an atheist and recently testified in a court case. There is no placing your right hand on the bible. You've obviously have seen way to many old movies.
2007-11-29 15:04:39 · answer #8 · answered by ndmagicman 7 · 2⤊ 2⤋
The laws in those states are on the books, but not enforced. Federal law supersedes them, and no state can do that. If that wasn't true, however, I would take it to the Supreme Court.
2007-11-29 15:07:09 · answer #9 · answered by Eiliat 7 · 2⤊ 0⤋
In my State (Washington) you just swear to tell the truth. No so help me God or touching a Bible. If i lived in a State that forced me to believe in God to testify I would fight it.
2007-11-29 15:08:43 · answer #10 · answered by ? 6 · 1⤊ 0⤋
If the state pulled that kind of bulls***, I'd go on a protest strike and take it to the supreme court as a violation of rights.
2007-11-29 15:09:46 · answer #11 · answered by Anonymous · 1⤊ 0⤋