The US Constitution makes at least one thing perfectly clear about religion: it is not to be used as a test for office. No American otherwise qualified to run for an elected position may be denied because of religious beliefs, a fundamental, common-sense expression of our religious freedom.
Still, like probably a few states, North Carolina's constitution includes a provision prohibiting atheists ("any person who shall deny the being of Almighty God") from holding office. And now some are trying to use that to keep a recently elected Asheville man from taking his seat on the City Council.
Rights enshrined in the U.S. Constitution trump the restriction in the state constitution, said Bob Orr, executive director of the N.C. Institute for Constitutional Law.
“I think there's any number of federal cases that would view this as an imposition of a religious qualification and violate separation of church and state,” said Orr, a former state Supreme Court justice.
Former hockey great Bobby Orr is right. And I write about this ridiculous idea – the notion that a city council would even dare to delay seating a duly elected colleague just for being an atheist – not because it's a seriously burning and controversial issue, but because I am wondering: why have we let these relics of a discriminatory past remain? How difficult would it be to simply amend our governing state documents on a matter so easily understood as violating the US Constitution? Where are the petitions and legislative leaders, who can bring this to the ballot box?
Those of you who live in North Carolina, or in other states with similar unlawful requirements for office, consider this post your challenge. Get to work. Report back.
