When Belief And Office Collide In American Law

A Claim That Sounds Unconstitutional:

It often surprises people to learn that several U.S. states still have language in their constitutions that bans atheists from holding public office. On paper, these provisions say that officeholders must believe in God or a higher power.

While these clauses exist in writing, they are not legally enforceable. Federal constitutional law overrides them, but their continued presence raises important questions about civil rights and legal clarity.

Where These Restrictions Came From:

Many of these religious requirements date back to the 1700s and 1800s. At the time, religion was deeply tied to public trust, and lawmakers believed belief in God was necessary for moral leadership.

As a result, states such as Maryland, North Carolina, South Carolina, Tennessee, Texas, and Arkansas included religious test clauses in their constitutions. These rules often excluded atheists, and in some cases members of minority faiths.

The Supreme Court Put Limits In Place:

In 1961, the U.S. Supreme Court addressed this issue in a landmark case called Torcaso v. Watkins. The Court ruled that requiring a belief in God to hold public office violates the First and Fourteenth Amendments.

This decision made it clear that religious tests for public office are unconstitutional nationwide. Since then, no state can legally enforce laws that bar atheists from serving in government.

Why The Language Still Exists Today:

Even though these provisions cannot be enforced, many states have never removed them from their constitutions. Changing a state constitution often requires voter approval, legislative action, or both.

In some cases, lawmakers avoid reopening old documents to prevent political debate. As a result, outdated language remains, even when it conflicts with modern constitutional law.

Real World Effects And Public Confusion:

Because these clauses still exist on paper, they sometimes cause confusion. Surveys have shown that some Americans believe atheists are legally barred from office, even though this is not true.

Legal scholars argue that leaving unenforceable laws in place weakens public trust and creates uncertainty about civil rights. Others say their presence sends a symbolic message of exclusion.

What This Reveals About Law And Change:

The issue highlights how laws can outlast the values that created them. While atheists are fully allowed to hold public office in every U.S. state, outdated constitutional language tells a different story.

This gap between written law and enforced law shows why regular legal review matters. Removing these clauses would not change current rights, but it would align state constitutions with the principles already protected under federal law.