Politics: North Carolina Political Landscape; Don’t Believe In God? Guess You Can’t Run for Office
January 30, 2021
History and Background
One notable provision in the North Carolina State Constitution is under the section for eligibility for public office. Article 4, Section 8 states that “any person who shall deny the being of Almighty God” is disqualified from holding public office.
This constitutional clause is common in southern states. In fact, there are seven other states that share this “law”.
This comes off as a partisan issue, as the majority of atheists lean Democratic. This provision unfairly limits Democratic candidates. This is the only constitutional provision for qualifications for a political candidacy that is politically charged towards one side of the aisle or another.
Has There Been An Atheist in Office?
This has been one self-proclaimed atheist in public office in North Carolina history. Asheville city council member Cecil Bothwell served from 2009 to 2017. He did not place his hand on the Bible when being sworn in. He also left out “so help me God” when referring to upholding the U.S. and North Carolina constitution, but delivered the rest of the oath as written.
- K. Edgerton, a member of the Sons of Confederate Veterans, threatened to sue the city of Ashville for allowing Bothwell to be sworn into public office. This was before Bothwell even had a chance to serve in office. This lawsuit went nowhere, and Bothwell was able to serve as city council member.
Is this Law Constitutional?
This law is in violation of the First Amendment of the Constitution. Both atheism and the lack of religious belief are protected under the law in the same way religion is protected under the constitution. According to the U.S. Supreme Court, there is no legal preference for religion over irreligion.
There is also the issue of separation of church and state. The separation of church and state has been a right of the people since the founding of America. It is in the first clause in the Bill of Rights, “Congress shall make no law respecting an establishment of religion”.
Article 4 Section 8, prohibiting atheists from holding office, was written in 1868. This rule barring atheists from running was never honoring the founding of America and was never legal under the Constitution. Additionally, the US constitutional law is superior to state laws.
This was upheld in the case of Torcaso v. Watkins (1961). The U.S. Supreme Court ruled in favor of an atheist who ran for office in Maryland, despite the state constitution banning it. This ruling banned religious tests for public office and was banned by the U.S. Supreme Court in 1961.
Why is it Still in the State Constitution?
So Article 4 Section 8 is constitutionally illegal, and cannot be enforced due to the Watkins decision.
However, amending the state constitution is a difficult process. It would require a two-thirds majority to amend the constitution, which is unlikely to happen any time soon as the Republicans hold the majority.
Republicans have no political incentive to remove this law. It has the potential to upset their political base well as having no benefits if removed. According to the Pew Research Center, Christians make up over 80% of the Republican party.
Additionally, it allows Republicans to scrutinize any atheists who run for office. Atheists are significantly more likely to be registered as Democrats with only 15% identifying as Republican.
Article 4 Section 8 was written in 1868, then was ruled illegal in 1961. The North Carolina State Constitution was last rewritten in 1971. This means this law was deliberately left in the state constitution despite being illegal and outdated.
Conclusion
Ironically enough, it is typical for those serving public office to swear on God when being sworn into office. Specifically, swearing to uphold this U.S. and state constitution. Although the separation of church and state is in the constitution under the first amendment.
This means this habit of swearing into office under God is in nature, hypocritical. Religion should never be a prerequisite for participation in government.
Cecil Bothwell • Jan 31, 2021 at 8:14 am
Amusing to see my name pop up all these years later! (Yes, I have a Google alert set up to notify me when I’m mentioned.) It’s also amusing to see myself referred to as a “self proclaimed atheist.” That makes it sound like I trumpeted it. Actually, before the events referred to above I didn’t think my non-theism was much of anybody’s business. In the Afterword to the political biography I wrote, The Prince of War: Billy Graham’s Crusade for a Wholly Christian Empire (Brave Ulysses Books, 2007/2009), I observed that some people might infer that I was exposing Graham’s politics for religious reasons. But as I stated then, I think people have a perfect right to believe what they will and preach what they believe, as long as they do it on their own nickel (i.e. not tax dollars). But I also admitted that “I don’t believe in supernatural beings of any stripe.”
That was my sole somewhat public statement on the mater. But when I came in first in a 10-way primary in 2009, a group of arch-conservatives who didn’t like my politics raised some thousands of dollars and sent two warning letters to, we deduced, every voter in Asheville over the age of 50, warning them that I was an atheist and would lead Asheville to hell.
The funniest incident occurred on election day when a fellow came up to my campaign manager at a voting location and said, “I’m not voting for that Bothwell, he said Billy was influenced by Adolph Hitler!”
She asked, “Have you read the book?”
“I don’t have to.”
“Well his source for that reference was Billy Graham’s autobiography.”
“Yeah? Who wrote that?
After all the hoo-hah I was elected and re-elected to Asheville’s Council, but the most surprising things were the invitations to speak and the bump up in my book sales. I addressed audiences in 25 cities in a dozen states and became a strong advocate for maintaining separation of church and state.
Oh, and also, we said the Pledge of Allegiance at the start of every Council meeting. I did then what I have done for most of my life in such situations.
“One nation under law …” Which it is. Not sure many people ever noticed.
Adam • Jul 17, 2022 at 12:24 am
I’ve recently moved here to NC and heard of this state “law”. I am an atheist and I must say, it’s refreshing to see your words Mr Bothwell. Thank you for your service.
Daniel K • Jan 31, 2021 at 2:00 am
I agree. While I am personally a Christian this nation was supposed to be founded on the principle of freedom of religion. By having a state law that requires one to be a Christian to be in a North Carolina office, it does not allow all religions to be fairly represented.
Will • Jan 30, 2021 at 11:38 am
I am a life long Dem. I am speaking of more than 70 years experience. Leave that cause alone. That’s the problem we have now, our last president was his own god. He said he never asks God for forgiveness. God gets my vote everytime. But God is never on the balot. Neighter Dem nor Gop is godly. It’s the lesser of two evils.
Charlene Dryer • Dec 24, 2021 at 1:02 pm
Well, actually only discriminated against atheists. A Muslim would be accepted, as well as a Satan worshipper.
D.G. Wright • Mar 4, 2024 at 4:39 pm
Technically it discriminates against any non-Abrahamic religion, since “Almighty God” refers specifically to Yahweh/Allah.
People who worship Shiva, Odin or the Goddess need not apply.