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 Atheists Discriminated Against in Seven States!
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Maglev
Skeptic Friend

Canada
65 Posts

Posted - 12/04/2003 :  10:24:02  Show Profile  Visit Maglev's Homepage  Send Maglev an ICQ Message Send Maglev a Private Message
Found this on fark.com... It seems atheists are discriminated against in seven US states constitutions. Here's a quote from North Carolina's constitution:

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


Now, that's just plain wrong. Read on at: http://www.nebraskaatheists.org/article1.htm

I'd be very interested in knowing if there is such "official" discrimination in other contries, be it against atheists or muslims, etc...


Maglev

"The awe it inspired in me made the awe that people talk about in respect of religious experience seem, frankly, silly beside it. I'd take the awe of understanding over the awe of ignorance any day."
--Douglas Adams, on evolutionary biology.

Dave W.
Info Junkie

USA
26022 Posts

Posted - 12/04/2003 :  13:01:01   [Permalink]  Show Profile  Visit Dave W.'s Homepage Send Dave W. a Private Message
Apparently, the Nebraska Atheists are not aware that the Supreme Court eliminated "religious tests" as pre-requisites for holding public office. I forget the name of this ruling, however.

If someone were denied a job due to those clauses in the state Constitutions, it'd be "easy-to-win lawsuit" time.

- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
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ktesibios
SFN Regular

USA
505 Posts

Posted - 12/04/2003 :  22:21:48   [Permalink]  Show Profile Send ktesibios a Private Message
article VI, clause 2 of the U.S. constitution:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Article VI, clause 3 goes on to say:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

And just to drive it in better, Amendment XIV, section 1:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The combination looks perfectly straightforward to me. It took the Supreme Court to sort it out?



"The Republican agenda is to turn the United States into a third-world shithole." -P.Z.Myers
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ktesibios
SFN Regular

USA
505 Posts

Posted - 12/04/2003 :  22:50:25   [Permalink]  Show Profile Send ktesibios a Private Message
quote:
Originally posted by ktesibios
The combination looks perfectly straightforward to me. It took the Supreme Court to sort it out?



I shoulda looked further before I posted. It turns out that it did indeed take the Supreme Court to invalidate state religious test, in Torcaso v. Watkins, 1961.

Reading the footnotes to the decision, it seems that the Court decided on First and Fourteenth Amendment grounds and not on the grouds of Article VI, although that argument had been raised by the plaintiff.

They decided that since the two amendments were sufficient reason to invalidate Maryland's requirement that a holder of public office declare a belief in God (how on Earth that could be relevant to being a notary public, as in this case, was not explored) it was unnecessary to consider the Article VI issue.

"The Republican agenda is to turn the United States into a third-world shithole." -P.Z.Myers
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Dave W.
Info Junkie

USA
26022 Posts

Posted - 12/05/2003 :  10:35:06   [Permalink]  Show Profile  Visit Dave W.'s Homepage Send Dave W. a Private Message
Thanks for looking, ktesibios, and confirming that my memory isn't completely shot.

- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
Visit Dave's Psoriasis Info, too.
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