A religious liberty watchdog group has joined a campaign to strip the Arkansas Constitution of a provision that prohibits atheists from holding office and testifying in court.
The Becket Fund for Religious Liberty sent a letter Tuesday (Feb.17) to the Arkansas legislature in support of a bill to amend Article 19, Section 1, of the Arkansas Constitution, which states: “No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any Court.”
“The free expression of religious belief, together with what James Madison called ‘the full and equal rights of conscience,’ should apply to people of all religious traditions — including atheists. Government should no more penalize a person for professing atheism than for professing a belief in Christianity, Buddhism, or Islam,” the Becket Fund letter said.
Although the letter acknowledged the atheist provision isn’t likely to be enforced, it compared it to laws currently in nations such as Saudi Arabia and Iran that discount court testimonies of non-Muslims, denying them of full civil and political rights.
Eric Rassbach, national litigation director at the Becket Fund for Religious Liberty, believes that removing this portion of the constitution is more than mere symbolism.
“It signals to U.S. citizens and to the rest of the world, that the freedom and sanctity of conscience — including the right to believe there is no God at all — is a fundamental right for all people,” Rassbach said.
The U.S. Supreme Court declared a similar Maryland law discriminating against atheists unconstitutional in 1961, according to the Becket Fund. South Carolina’s constitution was amended in 1997.
Texas and Tennessee still have similar provisions in their state constitutions.
By Karin Hamilton
Religion News Service
Copyright 2009 Religion News Service. All rights reserved. No part of this transmission may be distributed or reproduced without written permission.
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posted February 19, 2009 at 7:19 pm
Retaining this clause to the election laws would be unconstitutional. There is no good reason to keep it and it would remain like an infection paused to flare at an opportune moment. This is one more bludgeon used by the majority to make sure no one in the minority could ascend to authority. Who is to say what belief in God entails? There are many people who believe in a Divine Power but do not subscribe to the Judeo/Christian/Islamic version of “God”. Let it become one more of those archaic and almost amusing anachronisms that people look back on and wonder, “Why?”.
posted February 19, 2009 at 7:43 pm
That line in the Arkansas law is as out dated and archaic as the one that said people of 2 different races couldn’t be married…or the ones that say 2 people of the same gender can’t marry! Let’s hope that Arkansas takes it out of the official document..their constitution. Even if it isn’t enforced, it shouldn’t be there. Then maybe Texas and Tennessee can remove it from their constitution. This country is supposed to have equal laws for the religious and those who aren’t.
posted February 19, 2009 at 7:51 pm
As shocking and wrong as it is that states should have provisions like this in their constitutions, it’s not hard to imagine that they’d be there, given the history of the idea of religious tolerance in political liberalism. After all, John Locke, one of the great early champions of tolerance, made an exception for Catholics and atheists, because such people were considered threats to the security and sovereignty of the state (atheists because they had no higher authority, and Catholics because they did–the Pope). Locke’s views weren’t untypical, and the legacy of this period still hasn’t entirely disappeared, with respect to either atheists or Catholics.
posted February 19, 2009 at 8:29 pm
Interesting, NateW that Catholics and atheists were grouped into the same slot due to the authority of one group and the lack of authority of the other. Thanks for that info. Probably the only time those two groups were grouped together!
posted February 19, 2009 at 9:38 pm
It makes me feel all warm and fuzzy toward you Nate. Wait, you aren’t Catholic. Much of that warmth and fuzziness just left. :
posted February 20, 2009 at 11:23 am
Perhaps atheists could swear on ‘The Origin of Species’, or ‘The God Delusion’, or ‘I am Superman’. They do seem to have their ‘Holy Books’ as well, and very pronounced doctrines to boot. This could put their testimony on par with believers and make obscure articles in the state constitution antiquated footnotes. I do feel closer to atheists now than ever B4!! Praise be to Dawkins