Why it matters that 7 states still have bans on atheists holding office

[lordsummerisle]

theconversation.com

Tennessee’s Constitution includes a provision that bars three groups from holding office: atheists, ministers and those engaging in duels. Efforts are under way in the state legislature to remove this exclusion for ministers, but not for duelists – or atheists.

https://theconversation.com/why-it-matters-that-7-states-still-have-bans-on-atheists-holding-office-161069

[hlthe2b]

1. Did I somehow miss the article identifying the seven states (besides TN?)

[lordsummerisle]

7. I noticed the lack of info on this as well n/t

[dflprincess]

2. Has this ever been tested in court?

The U.S. Constitution is clear that there is no religious test for holding office & state Constitutions have to conform to the Federal.

[MiniMe]

3. Per the article...

Bans on atheists and ministers are now unconstitutional due to Supreme Court rulings in 1961 and 1978. Tennessee is the last state to maintain an unenforceable ban on ministers in their Constitutions, while seven states still have their unconstitutional bans on atheists.

[SCantiGOP]

4. Yes, and it's a slam dunk

About 20 years ago a college professor ran for Governor for one reason - to overturn SC’s constitutional ban on an atheist holding office. The AG did not even contest or show up for the hearing, saying that it would be a waste of public funds since the US Constitution obviously negated this provision.
So, the court ruled the provision illegal and therefore null and void, but it is still in the Constitution because the legislature would have to put this in a general election referendum, and there is no upside to a politician doing that.
Every state has provisions that are no longer in effect but remain in their constitutions.

[frazzled]

5. Bingo. There are tons of archaic provisions

still residing in state constitutions. Those that are not even relevant, and are ignored, are not often removed because the process to repeal is lengthy and costly.

[unblock]

9. Problem is that it's a barrier, even if it wouldn't be upheld in court

It intimidates atheists from running and forces them to be prepared for a stupid distraction that believers don't face.

It also help ensure more media coverage about their atheism rather than about the issues or the talents they bring to the table.

And it reinforces the idea that there is something illegal about atheism, even if a court knocks it down. People will think it was a close call or that they got off on a technicality or something.

[AZ8theist]

11. If atheism is illegal, I AM A PROUD CRIMINAL.

Just try and change my thoughts, muthas.....

(not you, unblock, the states I'm refering to.....)

[Binkie The Clown]

6. I wonder if that includes pastafarians. Worshipers of the FSM should be eligible. nt

I wonder if that includes Pastafarians. Worshipers of the FSM should be eligible. nt

[underpants]

8. R'Amen to that!

[Lettuce Be]

10. Seriously? That's just silly. All it takes it saying you believe, bam, you're in.

It's not like they sit around talking church. Even TFG faked being a Christian and they accepted it no problem. Idiot things on the books are in every state. This one is especially weird though.

[RussBLib]

12. so ironic

it's the believers that have been committing the worst atrocities

sure miss Hitchens and those who do not tolerate this BS