NC: asinine, irrelevant law cited in attempt to keep atheist off of the Asheville City Council

[ccharles000]

ASHEVILLE — North Carolina's constitution is clear: politicians who deny the existence of God are barred from holding office.

Opponents of Cecil Bothwell are seizing on that law to argue he should not be seated as a City Council member today, even though federal courts have ruled religious tests for public office are unlawful under the U.S. Constitution.

Voters elected the writer and builder to the council last month.

“I'm not saying that Cecil Bothwell is not a good man, but if he's an atheist, he's not eligible to serve in public office, according to the state constitution,” said H.K. Edgerton, a former Asheville NAACP president.

Article 6, section 8 of the state constitution says: “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”

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.

In 1961, the U.S. Supreme Court ruled Maryland's requirement for officials to declare belief in God violated the freedom of religion guaranteed by the First Amendment.

http://www.citizen-times.com/article/20091208/NEWS01/912080327

[geckosfeet]

1. It seems that the state constitution is unconstitutional.

[WannaJumpMyScooter]

2. of course it is, and Cecil was

sworn in on Tuesday

[Fumesucker]

3. A former NAACP president is supporting this religious bigotry?

Jeebus X Keerist on day-glo pogo stick, just shoot me now.

[Tesha]

10. Funny, isn't it? Folks love to toss *OTHER FOLKS'* rights away.

'Happens here on DU all the time.

Tesha

[Fumesucker]

12. Yeah, I've noticed that too.. n/t

[Taverner]

16. +100

[old mark]

4. Rec. Amazing how states violate the law when it suits them, and

get away with it for years.

mark

[struggle4progress]

6. Um ... Bothwell has already been seated on the council. As far as I know, there has been

no effort by any agency of the state to cite a provision of the NC Constitution that has been inoperative for nearly fifty years. The article cites only the lunatic H.K. Edgerton, who was booted from the NAACP over a decade ago and then took up with the neo-confederates; those white suprematists, however, didn't like him either and hounded him until he finally decided a few years back they weren't his cup-a-tea, either. Look like H.K. has managed to get himself quoted in one local paper again -- no big deal, because nobody likely to pay much attention

[old mark]

15. Sorry - I was thinking out loud. I know several laws here in PA

that are selectively enforced if the police and politicians decide they are useful to their "cause".

I was just speaking generally.

mark

[sarge43]

5. First Amendment?

Article VI (3) couldn't be more precise (my italics)

The senators and representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the several states,, shall be bound of oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

[struggle4progress]

7. Do we really need daily threads on H.K. Edgerton, bless his pointy little head?

He's just nuts, but he wants attention, and he managed to get himself quoted once by the Asheville paper early this week. Let it die

[Bitwit1234]

8. First. since the constitution wants Church and State separated

how come people are not filing a lawsuit against Christians who are serving in the government. After all if they think they can file against an atheist then why can't atheist file against them.

When the constitution says that you do not have to show allegiance to any religion to be a member of government and people want to sue atheist then I think it should be switched around. All these so called Christians trying to make you believe what they do. Hypocrites.

[struggle4progress]

9. More background on H.K. here:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=214&topic_id=228443&mesg_id=228469

[MineralMan]

11. Since he's be seated, the whole thing is moot.

Just because some asshole says something does not make it so. Those laws were declared unconstitutional decades ago.

[Fumesucker]

13. And yet it's apparently still part of the state Constitution..

Perhaps you can explain why this blatantly bigoted clause has not been removed from the NC state Constitution?

[MineralMan]

14. Probably because it's so hard to change constitutions.

California has or had a similar law prohibiting atheists from serving as teachers. Communists, too. I can't remember if those were ever removed. They simply are never enforced.

I agree that they should be removed, along with laws criminalizing certain sex practices and other stupid things that remain on the books. Bottom line, though, is that as long as they are not enforced and cannot be, due to court rulings, they have no effect.

The moron in this case doesn't know that can't be enforced, so he brought it up and was ignored. The only effect was his public idiocy.