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so much for separation of church and state....
Pepe Silvia
Posts: 3,758
happening in my town, i can't imagine the lawsuit winning but who knows....
http://www.citizen-times.com/article/20 ... /912080327
Critics of Cecil Bothwell cite N.C. bar to atheists
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.
Additionally, Article VI of the U.S. Constitution says: “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
Bothwell's campaign treasurer, Jake Quinn, said everyone should be entitled to their own beliefs.
“The test occurred on (Nov. 3),” Quinn said. “It was called an election.”
Fliers mailed before the election criticized Bothwell over his atheism and his book, “The Prince of War,” which denounces evangelist and Montreat resident the Rev. Billy Graham for pushing what Bothwell says is a theocratic agenda.
Now, denizens of Internet message boards and the blogosphere are arguing over whether he can legally serve.
(2 of 2)
Edgerton said City Council should hold off swearing Bothwell into office until a 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,” said Edgerton, who is known for promoting “Southern heritage” by standing on streets decked out in a Confederate soldier's uniform and holding a Confederate flag.
Bothwell didn't respond Monday to requests for an interview, but he wrote in an e-mail to the Citizen-Times: “I am not ‘an avowed atheist.'”
He has told the Citizen-Times in the past he believes in the Golden Rule, not a deity.
Bothwell labels himself an atheist on his MySpace page, though he wrote in an online post last week on fellow incoming councilman Gordon Smith's blog, Scrutiny Hooligans, that he prefers the term “post-theist.”
Bothwell added: “I don't ‘deny the being of Almighty God;' I simply consider the question of denial or acceptance irrelevant.
“Could make for a very interesting court case, seems to me.”
http://www.citizen-times.com/article/20 ... /912080327
Critics of Cecil Bothwell cite N.C. bar to atheists
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.
Additionally, Article VI of the U.S. Constitution says: “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
Bothwell's campaign treasurer, Jake Quinn, said everyone should be entitled to their own beliefs.
“The test occurred on (Nov. 3),” Quinn said. “It was called an election.”
Fliers mailed before the election criticized Bothwell over his atheism and his book, “The Prince of War,” which denounces evangelist and Montreat resident the Rev. Billy Graham for pushing what Bothwell says is a theocratic agenda.
Now, denizens of Internet message boards and the blogosphere are arguing over whether he can legally serve.
(2 of 2)
Edgerton said City Council should hold off swearing Bothwell into office until a 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,” said Edgerton, who is known for promoting “Southern heritage” by standing on streets decked out in a Confederate soldier's uniform and holding a Confederate flag.
Bothwell didn't respond Monday to requests for an interview, but he wrote in an e-mail to the Citizen-Times: “I am not ‘an avowed atheist.'”
He has told the Citizen-Times in the past he believes in the Golden Rule, not a deity.
Bothwell labels himself an atheist on his MySpace page, though he wrote in an online post last week on fellow incoming councilman Gordon Smith's blog, Scrutiny Hooligans, that he prefers the term “post-theist.”
Bothwell added: “I don't ‘deny the being of Almighty God;' I simply consider the question of denial or acceptance irrelevant.
“Could make for a very interesting court case, seems to me.”
don't compete; coexist
what are you but my reflection? who am i to judge or strike you down?
"I will promise you this, that if we have not gotten our troops out by the time I am president, it is the first thing I will do. I will get our troops home. We will bring an end to this war. You can take that to the bank." - Barack Obama
when you told me 'if you can't beat 'em, join 'em'
i was thinkin 'death before dishonor'
what are you but my reflection? who am i to judge or strike you down?
"I will promise you this, that if we have not gotten our troops out by the time I am president, it is the first thing I will do. I will get our troops home. We will bring an end to this war. You can take that to the bank." - Barack Obama
when you told me 'if you can't beat 'em, join 'em'
i was thinkin 'death before dishonor'
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was like a picture
of a sunny day
“We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
― Abraham Lincoln
just a couple years ago, an employee in a local sheriff's office was fired for cohabitating with her boyfriend...you see, it was illegal for unmarried couples to live together in NC...