In the aftermath of a city council election in North Carolina, the loser is challenging the legitimacy of the elected officer over a matter of religion. Citing a clause in the North Carolina State Constitution that bars anyone from holding office in the state who “den[ies] the being of Almighty God,” the loser says his opponent, who considers himself “post-theist,” should not be granted the seat.
As as I said in the title of this post, nice try, but no. An outsider to U.S. politics might wonder how a clause like that has remained in a state Constitution for more than 100 years. Well, it’s simply a product of federalism and the way our court system works. A state can attempt just about anything and it will stay on the books until it is individually challenged. Typically, matters that involve severe injustices are removed quickly. But others somehow hold on, and can wait decades to be challenged.
It’s a blatantly unconstitutional provision, and now that it has been brought to light, it will be removed. As Ed Morrissey points out, “the Supreme Court has already overturned Maryland’s constitutional bar for public office on religious affiliation in 1961 andNorth Carolina will lose this one, too.”
So thank you, political opponent. You’ve finally brought the North Carolina State Constitution into the post-Enlightenment 19th century. I applaud you.
