Critics Try to Remove North Carolina City Councilman for Being Atheist

Sunday, December 13, 2009
Cecil Bothwell

States have not been allowed to ban politicians from public office on religious grounds for almost 50 years, but that’s not stopping residents in Asheville, North Carolina, a town of 75,000, from trying to unseat a newly-elected atheist from the city council. Councilman Cecil Bothwell calls himself a “post-theist” and says that he does not believe in a deity. That has conservatives angry, and determined to unseat Bothwell by citing the state constitution (Article 6, section 8) which reads: “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”

 
Regardless of what the North Carolina constitution says, federal law supersedes matters related to qualifications for public office. The U.S. Supreme Court has upheld since 1961 that federal law prohibits states from requiring any kind of religious test to serve in office.
 
North Carolina’s anti-atheist provision dates back to 1816, and isn’t the only one found in state constitutions. Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee and Texas have similar provisions barring non-believers from office.
 
Bothwell is actually a member of the Unitarian Universalist Church of Asheville.
-Noel Brinkerhoff
 
Critics of Cecil Bothwell Cite N.C. Bar to Atheists (by Jordan Schrader, Asheville Citizen-Times)
Lawsuit Threatened over Atheist Councilman in NC (by Alysia Patterson, Associated Press)

Comments

Nathan 15 years ago
Jay, maybe you should actually know what you are talking about before posting comments.
Jay 15 years ago
Actually, the Federal gov has no rights to act upon here, nor does the supreme court according to the US Constitution. This is an inner state problem. The best that the feds can do is pull the ACLU into the matter and throw First Amendment rights at the conservatives. Also, despite what the feds would have anyone believe, unless the laws are based solely on the US Constitution, federal law never supersedes state laws. Of course, even I could make just about any law relate to trade between states, it just takes a mediocre BS artist.

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