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Please Litigate This. Pretty Please With Sugar on Top.

December 8, 2009
by

The Constitution of the State of North Carolina bars avowed atheists from holding public office.  Avowed atheist Cecil Bothwell was recently elected to the Asheville, NC city council.  Some of his critics proposed barring him from taking office under the anti-atheism clause of the NC Constitution.

As an atheist, there is nothing I would rather see than for his opponents to sue to get him removed.

Why?  Well, aside from being obnoxious and discriminatory, that clause of the state constitution is completely contradicted by the US Constitution.  Article IV of the federal Constitution says “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”  Additionally, the 1961 Supreme Court case Torcaso v. Watkins ruled that a Maryland law demanding that public officials avow a belief in god was unconstitutional under the First Amendment.

If the Attorney General of North Carolina were stupid enough to defend this law in federal court, that clause would be slapped out of the state constitution before you could say “redneck”.

Bring it on.

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One Comment leave one →
  1. December 8, 2009 9:06 pm

    It’s going to be very hard to win a battle to sue this man. How does can any ethical judge regard precedent and the freaking federal law as less than some stupid unconstitutional state law?

    I agree, just try to sue. Waste the damn government’s money once again.

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