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which state's constituions forbid athiests from holding a public office?

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pstokely Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 12:57 PM
Original message
which state's constituions forbid athiests from holding a public office?
Edited on Mon May-31-04 01:16 PM by pstokely
I think Texas does
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doni_georgia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 01:12 PM
Response to Original message
1. Texas plus six others
Texas state constitution forbids people who do not believe in a supreme deity from holding public office. Massachusetts, Maryland, North Carolina, Pennsylvania, South Carolina, and Tennessee contain similar passages in their state constitutions.

http://www.religioustolerance.org/texas.htm
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Poiuyt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 01:18 PM
Response to Reply #1
2. How can they do that?
Edited on Mon May-31-04 01:21 PM by pduck
Would it hold up under a court challenge?
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doni_georgia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 03:10 PM
Response to Reply #2
7. Actually it's trumped by the 1st Amendment, so if anyone challenged
the state constitutions would not stand.
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Frodo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 03:40 PM
Response to Reply #7
8. Could you quote where it says that?
I was pretty sure I knew the 1st ammendment, but I don't remember that part.

Interesting how many men signed that document who came from states that required their delegates to be believers... yet they didn't change those rules after the constitution was signed.



I agree the state policies are wrong, but they are not unconstitutional.

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Trajan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 03:56 PM
Response to Reply #8
10. US Constitution ....
Edited on Mon May-31-04 03:56 PM by Trajan
Article VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.


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, anything in the Constitution or laws of any State to the contrary notwithstanding.


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.

-snip-

Ehem ....

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Frodo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 04:06 PM
Response to Reply #10
11. They slipped Article IV into the first ammendment?
I don't think state offices are "under the United States"


I'll be happy to be wrong however.
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goobergunch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 04:08 PM
Response to Reply #11
12. Article VI of the main document (n/t)
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Trajan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 04:10 PM
Response to Reply #11
14. Parsing ...
Article VI

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.


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, anything in the Constitution or laws of any State to the contrary notwithstanding.


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.

Ergo: it is quite clear that this 'no religious test' clause is the 'supreme law of the land' ... and applies to ALL state executive officers ....

I am glad too
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Frodo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 04:25 PM
Response to Reply #14
16. That may simply limit the US from imposing such a test
Not keep the states from doing so.

If, for instance, TX does have such language (I'm pretty sure it says "no religious test - but you do have to acknowledge a supreme being" - not sure how that makes sense), the TX constitution was written in the mid-19th century. Long after the US constitution was ratified.
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MAlibdem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 01:21 PM
Response to Original message
3. actually...massachusetts doesn't allow people who don't accept
Jesus Christ.


But they aren't enforced as far as I know.
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kayell Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 01:22 PM
Response to Original message
4. Has no one ever challenged these???
They are blatantly against the US constitution.
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 01:24 PM
Response to Reply #4
6. If a law isn't enforced, it's difficult to challenge it (nt)
nt
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Dying Eagle Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 01:23 PM
Response to Original message
5. Massachusetts??
That kind of shocks me!
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 03:40 PM
Response to Reply #5
9. it was originally run by puritans
Edited on Mon May-31-04 03:41 PM by JohnKleeb
and to my knowledge they've only had one constiution. however I dont think they follow it, Barney Frank for example is Jewish and John Tierney according to his bio has no religious affilation making me think he's athiest or agnostic.
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goobergunch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 04:09 PM
Response to Reply #9
13. IIRC
Massachusetts was actually the last state to abolish their state religion.
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-31-04 04:11 PM
Response to Reply #13
15. had no idea
thank god for the Catholic invasion :D. Funny how they've changed.
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