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The No Religious Test Clause of the United States Constitution is a clause within Article VI, Clause 3: "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 ...
Although the Torcaso decision dismissed enforcement of religious requirements for office as unconstitutional in the United States, antiquated provisions barring atheists from occupying political offices were not immediately stricken from state legislation. As a result, a number of lawsuits were initiated after 1961 to secure the right to hold ...
Torcaso v. Watkins, 367 U.S. 488 (1961), was a United States Supreme Court case in which the Court reaffirmed that the United States Constitution prohibits states and the federal government from requiring any kind of religious test for public office, in this case as a notary public.
Each officer, state or federal, takes an oath or affirmation “…but no religious Test shall ever be required as a Qualification to any Office….” Reading the Constitution is time well spent ...
So sit back and marvel at the various laws which still are in effect in the United States today. 1. You can't wear a fake mustache that causes laughter in a church in Alabama.
Many U.S. states including New Jersey, [4] Delaware [5] and Virginia [6] explicitly ban the usage of religious tests in their own constitutions. Eight states continue to have a religious test in their constitutions, but the clause is inoperable and unenforceable because of the 1961 Supreme Court decision. [7]
The no religious test clause of the U.S. constitution states that "no religious test shall ever be required as a qualification to any office or public trust under the United States." Although it has become tradition for US presidents to end their Presidential Oath with "so help me God", this is not required by the Constitution .
The No Religious Test Clause of Article VI states "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." [134] In Fitzgerald v. Green (1890) and Bush v. Gore (2000), the Supreme Court held that presidential electors are state government officials rather than federal government officials.