I just got in a fight about this one!
Well, the first problem with this chart is obvious. These states are not drawn to scale.
Second problem: these state constitutions do indeed prohibit atheists from holding public office. But since 1961, when Torcaso vs. Watkins was argued before the Supreme Court, there are no religious tests for statewide office. In 1789, the US Constitution banned religious tests for office, and slightly later, thee 1st amendment disbarred the establishment of religion. Under the generally held interpretation of the 14th Amendment, any state law, constitutional or statutory, that contradicts this, is invalid.
So the more accurate statement should be "7 States which have not yet edited their constitutions to remove language about atheists holding public office."
The issue, I believe, is not that they 'haven't gotten around to cleaning up their constitution', but in several of these, the issue was added post Torcaso v. Watkins. I believe Texas and Maryland are in this case.
ReplyDeleteI don't know about Texas. Maryland altered the provision, saying it did not constitute an endorsement of religion, but whether in the original language or otherwise, the title of the chart is incorrect. Those states do not ban atheists from holding public office.
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