8 US States Have Laws That Prohibit Atheists From Holding Public Office

Map found via RedditThe 8 states shown above have state laws on their books and/or in their state constitutions that prohibit Atheists from holding public office.

But in reality, Atheists are not legally barred from holding public office in the United States.

The U.S. Constitution prohibits religious tests for public office at the federal level. This principle is established in Article VI, Clause 3, which states:

“No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

However, the state constitutions above historically included provisions that barred atheists from holding public office.

These provisions have been rendered unenforceable by the U.S. Supreme Court’s interpretation of the First and Fourteenth Amendments, particularly in the 1961 case of Torcaso v. Watkins.

In this case, the Supreme Court ruled that such religious tests are unconstitutional.

Background

Roy Torcaso was appointed as a notary public in Maryland, but he was denied the commission because he refused to declare a belief in the existence of God. Maryland’s Constitution at the time required a declaration of belief in God for anyone holding public office. Torcaso challenged this requirement, arguing that it violated his First and Fourteenth Amendment rights.

Legal Issues

The case centered on two main constitutional issues:

First Amendment: The Establishment Clause and the Free Exercise Clause. Torcaso argued that the religious test imposed by Maryland violated his freedom of religion.
Fourteenth Amendment: Torcaso contended that the requirement infringed upon his rights to equal protection and due process under the law.

Supreme Court Decision

The Supreme Court, in a unanimous decision, ruled in favor of Torcaso. Justice Hugo Black wrote the opinion for the Court. The key points of the decision included:

Religious Tests Unconstitutional: The Court held that religious tests for public office are unconstitutional. This ruling was based on the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion or unduly favoring one religion over another.
Broader Implications: The decision reinforced the principle that the government must remain neutral in matters of religion, neither aiding nor hindering religious practices. It emphasized that the government cannot compel individuals to profess a belief in any religion as a condition for holding public office.

Significance

The Torcaso v. Watkins case is significant for several reasons:

It firmly established that religious tests for public office are unconstitutional in all states, not just at the federal level.
It reinforced the interpretation of the First Amendment’s Establishment Clause, contributing to the broader jurisprudence on the separation of church and state.
It protected the rights of atheists and non-believers, ensuring that they have equal access to public office without being subjected to religious discrimination.

Aftermath

Following the decision, states with similar provisions in their constitutions were required to eliminate them. The case set a precedent for future rulings related to religious freedom and the separation of church and state, affirming the principle that government must not interfere with or endorse any particular religious beliefs.

Article VI, Clause 3

The inclusion of Article VI, Clause 3 in the U.S. Constitution, which states that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States,” reflects the Founding Fathers’ commitment to religious freedom and their desire to establish a government free from religious discrimination and persecution. Here are several key reasons why they included this clause:

Historical Context

Reaction to Religious Persecution: Many of the early American colonists had fled religious persecution in Europe. They sought to create a society where individuals could practice their faith freely without government interference. The Founding Fathers were well aware of the religious conflicts and wars that had plagued Europe, and they wanted to avoid similar strife in the new nation.
Experience with State-Sponsored Religion: The Founding Fathers were familiar with the problems associated with state-sponsored religions, such as the Church of England. They understood that government endorsement of a particular religion could lead to the marginalization and persecution of those who did not conform to that faith.

Enlightenment Principles

Enlightenment Ideals: Many of the Founding Fathers were influenced by Enlightenment thinkers who advocated for the separation of church and state. They believed that religion was a personal matter and that the government should not impose or endorse any religious beliefs.
Individual Rights and Liberties: The Founders were committed to protecting individual rights and liberties, including the freedom of conscience. They believed that requiring a religious test for public office would violate individuals’ rights to hold personal religious (or non-religious) beliefs.

Practical Governance

Inclusivity and Unity: The Founding Fathers recognized the religious diversity of the American colonies and wanted to create a government that was inclusive and representative of all citizens, regardless of their religious beliefs. They believed that excluding individuals from public office based on their religion would be divisive and detrimental to the unity of the nation.
Focus on Merit: They wanted to ensure that public office holders were chosen based on their qualifications and abilities, not their religious beliefs. The clause was intended to promote a merit-based system where the best candidates, regardless of their faith, could serve in government.

Legacy of Tolerance

Setting a Precedent: By including this clause, the Founding Fathers aimed to set a precedent for religious tolerance and the separation of church and state. They wanted to establish a government that respected and protected the religious freedom of all its citizens.

Notable Contributions

James Madison: Often referred to as the “Father of the Constitution,” Madison was a strong advocate for religious freedom and played a key role in shaping the Constitution and the Bill of Rights. He believed in the importance of protecting individual liberties, including freedom of religion.
Thomas Jefferson: Although not present at the Constitutional Convention, Jefferson’s ideas greatly influenced the Founding Fathers. His Virginia Statute for Religious Freedom, which disestablished the Church of England in Virginia and guaranteed freedom of religion to people of all faiths, served as a model for the First Amendment.

Famous Atheist Politicians in The US

In the United States, a few politicians have openly identified as atheists, although this remains relatively rare due to the social and political challenges associated with atheism in public life.

Here are some notable examples:

Federal Level

Pete Stark:
- Position: U.S. Representative from California (1973-2013).
- Significance: Pete Stark was the first openly atheist member of Congress, declaring his non-theistic beliefs in 2007. He served as a Democrat and was known for his progressive stances on various issues.
Jared Huffman:
- Position: U.S. Representative from California (2013-present).
- Significance: Huffman publicly identified as a humanist and agnostic in 2017, making him one of the few openly non-theistic members of Congress. He is a member of the Congressional Freethought Caucus, which he co-founded to promote secularism and reason in government.

State and Local Levels

Cecil Bothwell:
- Position: Member of the Asheville City Council, North Carolina (2009-2013).
- Significance: Bothwell is an openly atheist politician who faced legal challenges due to North Carolina’s outdated constitutional provision that barred atheists from holding public office. Despite these challenges, he served on the city council and has been an advocate for secularism.
Juan Mendez:
- Position: Arizona State Representative and State Senator.
- Significance: Mendez is openly atheist and has been vocal about his non-religious beliefs. He gained attention for delivering a secular invocation instead of a traditional prayer during a legislative session.

Other Notable Figures

Ernie Chambers:
- Position: Nebraska State Senator.
- Significance: While not explicitly identifying as atheist, Chambers is known for his critical stance on religion and has been a vocal advocate for separation of church and state. He famously filed a lawsuit against God to make a point about frivolous lawsuits.

US Atheist Population

The share of the U.S. population that identifies as atheist is relatively small but has been growing in recent years. According to surveys and research data:

Pew Research Center

2018-2019 Data: According to the Pew Research Center, about 4% of U.S. adults identified as atheists. This figure reflects those who explicitly say they do not believe in God.
Religious “Nones”: In a broader context, a larger group, about 26% of U.S. adults, identify as religiously unaffiliated or “nones.” This category includes atheists, agnostics, and those who describe their religion as “nothing in particular.”

Gallup Polls

Recent Trends: Gallup polls have shown a gradual increase in the number of Americans who do not believe in God. While specific percentages for atheism can vary, their data often aligns with the Pew Research Center’s findings, indicating a small but significant and growing minority.

General Social Survey (GSS)

Belief in God: The General Social Survey, conducted by NORC at the University of Chicago, also tracks religious beliefs in the U.S. Over time, they have noted an increase in the number of respondents who do not believe in God, with figures comparable to Pew’s estimates.

Voting For Atheists

The percentage of Americans who would vote for an atheist candidate has been increasing over time, reflecting a gradual shift in public attitudes toward non-religious individuals in political office. According to recent surveys and polls:

Gallup Polls

2020 Data: A Gallup poll conducted in 2020 found that 60% of Americans said they would vote for an atheist for president. This is a significant increase from earlier decades. For example, in 1958, only 18% of Americans said they would vote for an atheist.

Pew Research Center

2019 Data: A Pew Research Center survey in 2019 showed that 51% of Americans said they would be less likely to support an atheist candidate for president. This indicates that while there is still some reluctance, the acceptance of atheists in political roles is improving.

Trends Over Time

Increasing Acceptance: Over the past few decades, there has been a noticeable trend toward greater acceptance of atheist candidates. This trend is part of a broader movement toward increased acceptance of diversity in various aspects, including religion, race, gender, and sexual orientation.

Generational Differences

Younger Voters: Younger generations, particularly Millennials and Generation Z, tend to be more accepting of atheists in political office compared to older generations. This generational shift is contributing to the overall increase in acceptance.

Political and Social Context

Political Ideology: Acceptance of atheist candidates can also vary by political ideology, with liberals and moderates generally more likely to support an atheist candidate than conservatives.
Regional Differences: There are regional differences in the acceptance of atheist candidates, with more secular regions like the Northeast and West Coast showing higher levels of support compared to more religious regions like the South.