Conservatives warn of lawsuit as atheist takes office in N.C.

[spanone]

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 requirement that officeholders believe in God is unenforceable because it violates the U.S. Constitution.

"The question of whether or not God exists is not particularly interesting to me, and it's certainly not relevant to public office," the recently elected 59-year-old said.

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.

http://www.tennessean.com/article/20091214/NEWS02/912140341/Conservatives+warn+of+lawsuit+as+atheist+takes+office+in+N.C.+city

[hobbit709]

1. Old news-been posted several times now.

[MNDemNY]

2. Ok nannie.

[Cirque du So-What]

6. First time I've seen it

I even think I'll reply with something germane to the topic...if that meets with your approval, that is.

[hobbit709]

10. Here's a few

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=7202015

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=7210036

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=7207398

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=7187469

[dmallind]

11. Do you do this for oft-posted topics on all subjects, or just ones that embarass believers? NT

[spanone]

14. old to some, new to me

[47of74]

3. Earth to Edgerton

North Carolina's law is unenforceable because it conflicts with Article VI of the United States Constitution and in those contests the Constitution is held as superior.

As Edgerton hasn't been to a civics class recently, Article VI is the one about the religious test;

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 by 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.

[TornadoTN]

4. Ah, good ole' H.K. Edgerton rears his ugly head again

For more on this piece of work, go to:



http://en.wikipedia.org/wiki/H._K._Edgerton

[MineralMan]

5. Headline should read: Morons Plan Doomed Lawsuit

[gratuitous]

8. And they know it's doomed

That's why they won't file anything, because that costs money. Instead, they'll keep contacting local news outlets, which will provide them a platform for their loony views, which will get them attention (their true aim), and cause people to get all wee-weed up on both sides of this non-issue, which will mean more coverage, leading to . . .

Well, I think we've all seen this political theater before, haven't we?

[MineralMan]

9. Will there be another Million Moron March?

Better start trucking in the portapotties now!

[spanone]

13. that may be true...this appeared on the FRONT PAGE of nashville, tn. newspaper

[Cirque du So-What]

7. Actually, this may work out for the best

if it ends up getting an archaic, unconstitutional law tossed into the dustbin of history. Edgerton may have bitten off more than he could chew, but if he succeeds in getting Bothwell removed from office, then Dog help us all.

[rurallib]

12. One thing I wondered about this: Many states have similar clauses

or clauses referencing God or the Almighty someplace.
Could this idiotic lawsuit possibly endanger all those clauses in the various state constitutions? I think it would be wonderful if it did. Can't imagine this could got to the SCOTUS, but I can't see a current SCOTUS doing much with this.