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Bork
Executive Hillbilly

Location: Vinson Mountain, GA

This is what a quick search turned up:

North Carolina State Constitution, Article VI, Section 8:

Sec. 8. Disqualifications for office. The following persons shall be disqualified for office:
First, any person who shall deny the being of Almighty God.

Similar bans on holding a public office could be found in Arkansas, Maryland, Mississippi, South Carolina, Tennessee, and Texas. All of these (including the North Carolina one) were deemed unconstitutional in 1961 however.

GARY

Bork wrote:

This is what a quick search turned up:

North Carolina State Constitution, Article VI, Section 8:

Sec. 8. Disqualifications for office. The following persons shall be disqualified for office:
First, any person who shall deny the being of Almighty God.

Similar bans on holding a public office could be found in Arkansas, Maryland, Mississippi, South Carolina, Tennessee, and Texas. All of these (including the North Carolina one) were deemed unconstitutional in 1961 however.

Thanks Bork.
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I owe $100,000 and wasted 4 years of my life.

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RFNAPLES
Level 8

Gender: Male
Age: 75
Location: Durham, NC, USA

Seven state constitutions (including NC's) officially include religious tests that would effectively prevent atheists from holding public office, and in some cases being a juror/witness, though these have not generally been enforced since the early nineteenth century. In 1961, the United States Supreme Court explicitly overturned the Maryland provision in the Torcaso v. Watkins decision, holding that laws requiring "a belief in the existence of God" in order to hold public office violated freedom of religion provided for by the First Amendment to the United States Constitution. Under the doctrine of stare decisis, the court should generally abide by precedents and not disturb settled matters under the same facts by other petitioners. But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, the court has often overruled its earlier decisions.
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GARY

RFNAPLES wrote:

Seven state constitutions (including NC's) officially include religious tests that would effectively prevent atheists from holding public office, and in some cases being a juror/witness, though these have not generally been enforced since the early nineteenth century. In 1961, the United States Supreme Court explicitly overturned the Maryland provision in the Torcaso v. Watkins decision, holding that laws requiring "a belief in the existence of God" in order to hold public office violated freedom of religion provided for by the First Amendment to the United States Constitution. Under the doctrine of stare decisis, the court should generally abide by precedents and not disturb settled matters under the same facts by other petitioners. But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, the court has often overruled its earlier decisions.

Isn't that dangerous though for states to do? I'm all for states rights personally, but what is next? What if a state decided to exclude Muslims from holding office. Or a state decided that Christians COULD NOT HOLD OFFICE OR SIT ON A JURY? This is not as far fetched as it may sound. The United Nations has recently passed laws (agreements between nations) that make it a crime to critisize a muslim or the Koran. You can now be incarcerated, or worse, for doing so.
_________________
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I owe $100,000 and wasted 4 years of my life.

And all I got was this silly hat

.

RFNAPLES
Level 8

Gender: Male
Age: 75
Location: Durham, NC, USA

GARY I think I understand what is driving your concern. NC Constitution sates “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God. ...“ (that carried over verbatim from the 1868 Constitution). While it has never been enforced, I don't see how it would prevent a Muslim, Christian, or Buddhist from holding office. Even an atheist could hold office as long as he didn't deny the being of Almighty God (it doesn't say he has to believe in God or Santa Claus just that he just doesn't deny existence). Almighty God is certainly a being in many peoples' minds!
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GARY

RFNAPLES wrote:

GARY I think I understand what is driving your concern. NC Constitution sates “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God. ...“ (that carried over verbatim from the 1868 Constitution). While it has never been enforced, I don't see how it would prevent a Muslim, Christian, or Buddhist from holding office. Even an atheist could hold office as long as he didn't deny the being of Almighty God (it doesn't say he has to believe in God or Santa Claus just that he just doesn't deny existence). Almighty God is certainly a being in many peoples' minds!

Thanks Naples, makes more sense now.
_________________
.
I owe $100,000 and wasted 4 years of my life.

And all I got was this silly hat

.

RFNAPLES
Level 8

Gender: Male
Age: 75
Location: Durham, NC, USA

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Top 100 Greatest Music Albums by RFNAPLES
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GARY

ECCLESIASTES 10:5 (NIV)

There is an evil I have seen under the sun, the sort of error that arises from a ruler.

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_________________
.
I owe $100,000 and wasted 4 years of my life.

And all I got was this silly hat

.

Bork
Executive Hillbilly

Location: Vinson Mountain, GA

RFNAPLES wrote:

GARY I think I understand what is driving your concern. NC Constitution sates “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God. ...“ (that carried over verbatim from the 1868 Constitution). While it has never been enforced, I don't see how it would prevent a Muslim, Christian, or Buddhist from holding office. Even an atheist could hold office as long as he didn't deny the being of Almighty God (it doesn't say he has to believe in God or Santa Claus just that he just doesn't deny existence). Almighty God is certainly a being in many peoples' minds!

There was however a case just two years ago where some Christian groups tried to run a legal process barring someone from office because of not being religious. I believe it was turned down by the courts but it's a bit like the don't ask don't tell policy, except without the don't ask. If you ask me it doesn't make much sense that you have to keep your mouth shut about not being superstitious in order to successfully run for a high political position (if I'm not mistaken there is ONE outspoken non-theist in Congress).

RFNAPLES
Level 8

Gender: Male
Age: 75
Location: Durham, NC, USA

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