Tuesday, December 08, 2009

In several states, atheist mayors not welcome

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Discrimination against atheists runs far and wide, and sometimes, it’s not only other people who are intolerant of the godless, but laws as well. One prime example is how several U.S. state constitutions, specifically those of Maryland, Massachusetts, North Carolina, Pennsylvania, South Carolina, Tennessee and Texas, explicitly forbid atheists from holding public elected office. In other words: you could be a perfectly fine person, you could run for governor, and you could even be elected and win the race – only to find your title potentially stripped from you before you even set foot in your office because some archaic, dastardly, unenforceable and decidedly unconstitutional state law doesn’t like you not believing in the Christian God.

Just ask Cecil Bothwell.

ASHEVILLE — The way critics of Cecil Bothwell read the North Carolina constitution, Bothwell has no business serving on Asheville City Council.

Bothwell, whom voters elected to the council last month, is an avowed atheist.

“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.”

[…]

Edgerton - known for his years of promoting "Southern heritage" by standing on streets decked out in a Confederate soldier's uniform and holding a Confederate flag - maintains that City Council should hold off swearing Bothwell into office until the constitutional question can be resolved.

“If they go ahead, then the city of Asheville and the board of elections could be liable for a lawsuit,” Edgerton said.

Edgerton’s habit of touting the South’s pro-slavery Confederate past may speak a heavy amount against his character, but I don’t think he’s the bad guy in this story. As absurd as it may be, Bothwell’s atheism is a clear violation of North Carolina’s state constitution’s anti-atheist clause. Unlike Edgerton, though, I would happily welcome any lawsuits they get for violating that ridiculous “constitutional question”. Preventing an atheist (or anyone who simply doesn’t believe in God) is a direct violation of the Establishment Clause (aka Separation of Church and State) in the Constitution of the United States, and anyone who knows what the legal system is can figure out that the federal constitution trumps state constitutions any day. Any lawsuits they get over this would expose the unconstitutional and discriminatory anti-atheist clauses in various state constitutions, and considering how practically unenforceable these laws are to begin with, they have no chance of standing up against removal.

Just thought I’d finish with:

Bothwell did not immediately reply to requests for comment, but he has said his spiritual beliefs focus on "the golden rule" as opposed to a deity.

Well said. If only more would follow that example.