Modbert
Daydream Believer
- Sep 2, 2008
- 33,178
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FOXNews.com - Lawsuit Threatened if Atheist North Carolina Councilman Gets Sworn In
Well, in the end, the Atheist will win. Meanwhile, Republicans will still continue to be stuck in 1868. I do wonder what is so Conservative about denying people who do not believe in a God a right to hold office anyway.
RALEIGH, N.C. -- Asheville City Councilman Cecil Bothwell believes in ending the death penalty, conserving water and reforming government -- but he doesn't believe in God. His political opponents say that's a sin that makes him unworthy of serving in office, and they've got the North Carolina Constitution on their side.
Bothwell's detractors are threatening to take the city to court for swearing him in, even though the state's antiquated requirement that officeholders believe in God is unenforceable because it violates the U.S. Consititution.
Bothwell ran this fall on a platform that also included limiting the height of downtown buildings and saving trees in the city's core, views that appealed to voters in the liberal-leaning community at the foot of the Appalachian Mountains. When Bothwell was sworn into office on Monday, he used an alternative oath that doesn't require officials to swear on a Bible or reference "Almighty God."
That has riled conservative activists, who cite a little-noticed quirk in North Carolina's Constitution that disqualifies officeholders "who shall deny the being of Almighty God." The provision was included when the document was drafted in 1868 and wasn't revised when North Carolina amended its constitution in 1971. One foe, H.K. Edgerton, is threatening to file a lawsuit in state court against the city to challenge Bothwell's appointment.
"My father was a Baptist minister. I'm a Christian man. I have problems with people who don't believe in God," said Edgerton, a former local NAACP president and founder of Southern Heritage 411, an organization that promotes the interests of black southerners.
Bothwell can't be forced out of office over his atheist views because the North Carolina provision is unenforceable, according to the supremacy clause of the U.S. Constitution. Six other states, Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee and Texas, have similar provisions barring atheist officeholders.
In 1961, the U.S. Supreme Court reaffirmed that federal law prohibits states from requiring any kind of religious test to serve in office when it ruled in favor of a Maryland atheist seeking appointment as a notary public.
But the federal protections don't necessarily spare atheist public officials from spending years defending themselves in court. Avowed atheist Herb Silverman won an eight-year court battle in 1997 when South Carolina's highest court granted him the right to be appointed as a notary despite the state's law.
Well, in the end, the Atheist will win. Meanwhile, Republicans will still continue to be stuck in 1868. I do wonder what is so Conservative about denying people who do not believe in a God a right to hold office anyway.