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photo from BBC |
For all of us, especially
those in military, public office, or otherwise, who have taken an oath to
defend the Constitution…
Today I highlight and
affirm a clause from the Constitution which provides that “no religious test shall
ever be required as a qualification to any office…”:
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 ever be required as a
Qualification to any Office or public Trust under the United States.
I further report excerpts
from a Supreme Court Opinion June 19, 1961 affirming the right of “no religious
test”.
This information can be
found at Library of Congress website: https://www.loc.gov/resource/usrep.usrep367488/?pdfPage=1
From the introduction:
“Appellant was appointed
by the Governor of Maryland to the office of Notary Public; but he was denied a
commission because he would not declare his belief in God, as required by the Maryland
Constitution. Claiming that this requirement violated his rights under the
First and Fourteenth Amendments, he sued in a state court to compel issuance of
his commission; but relief was denied. The State Court of Appeals affirmed,
holding that the state constitutional provision is self-executing without need
for implementing legislation and requires declaration of a belief in God as a qualification for office.
Held: This Maryland test for public office cannot be enforced against
appellant, because it unconstitutionally invades his freedom of belief and
religion guaranteed by the First Amendment and protected by the Fourteenth
Amendment from infringement by the States. Pp. 489-496”
From the conclusion:
“We repeat and again
reaffirm that neither a State nor the Federal Government can constitutionally
force a person "to profess a belief or disbelief in any religion. "Neither
can constitutionally pass laws or impose requirements which aid all religions
as against non-believers, and neither can aid those religions based on a belief
in the existence of God as against those religions founded on different
beliefs.”
I continue to assert that
religion and faith are the forum of the Church, Temple, Synagogue or Mosque, not
to be imposed, declared, or preferred by any level of government.