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The bill, filed Monday by two GOP lawmakers from Rowan County and backed by nine other Republicans, says each state "is sovereign" and courts cannot block a state "from making laws respecting an establishment of religion." The legislation was filed in response to a lawsuit to stop county commissioners in Rowan County from opening meetings with a Christian prayer, wral.com reported.
The bill reads:
SECTION 1. The North Carolina General Assembly asserts that the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.
SECTION 2. The North Carolina General Assembly does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.
The North Carolina state constitution disqualifies those who do not believe in God from public office. The provision has been unenforcible since the 1961 Supreme Court decision in Torcaso v. Watkins, which prohibited such bans.
It’s well known that there aren’t many open atheists in Congress or in state government, and that atheists aren’t held in high esteem by potential voters. Some question our dedication to what they view as a “Christian nation” while others feel that they can’t relate to a candidate who doesn’t share the same faith as they do. Whatever the reason, public distrust isn’t the only means by which atheists are discouraged for running from office. In fact, running for a spot in state legislatures as an atheist is outright illegal in some states. Obviously, these laws are trumped by the “No Religious Test Clause” of the United States Constitution, which is found in Article VI, paragraph 3, and states that:
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.
Arkansas, Article 19, Section 1: 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.
Maryland, Article 37: That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution.
Mississippi, Article 14, Section 265: No person who denies the existence of a Supreme Being shall hold any office in this state.
North Carolina, Article 6, Section 8 The following persons shall be disqualified for office: Any person who shall deny the being of Almighty God.
South Carolina, Article 17, Section 4: No person who denies the existence of a Supreme Being shall hold any office under this Constitution.
Tennessee, Article 9, Section 2: No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.
Texas, Article 1, Section 4:
No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.
www.americanhumanist.org...
Originally posted by windword
This a blatant conspiracy to undermine our constitution and to force a religious state, a state religion on the American people, with a preference for Christianity. But, anyone who denies their "state god" is ### out of luck.
Originally posted by NOTurTypical
reply to post by windword
I don't think that's Constitutional, it would violate the establishment clause.
The bill, filed Monday by two GOP lawmakers from Rowan County and backed by nine other Republicans, says each state "is sovereign" and courts cannot block a state "from making laws respecting an establishment of religion."
Originally posted by windword
reply to post by NOTurTypical
Honestly, I doubt that this bill will pass, and if it does, it will go to the Supreme Court and certainly be shot down. But, those laws that bar atheists from service in public office are still on the books, even though they are technically "unenforcible."
The bill, filed Monday by two GOP lawmakers from Rowan County and backed by nine other Republicans, says each state "is sovereign" and courts cannot block a state "from making laws respecting an establishment of religion."