Torcaso v. Watkins
At the time, the Constitution of Maryland required "a declaration of belief in the existence of God" for a person to hold "any office of profit or trust in this State".Torcaso, believing his constitutional rights to freedom of religious expression had been infringed, filed suit in a Maryland Circuit Court.Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion.Writing for the Court in Torcaso, Justice Hugo Black cited Everson v. Board of Education and applied the Everson holding: There is, and can be, no dispute about the purpose or effect of the Maryland Declaration of Rights requirement before us — it sets up a religious test which was designed to and, if valid, does bar every person who refuses to declare a belief in God from holding a public "office of profit or trust" in Maryland.In Footnote 1 of the opinion, Justice Black wrote: Appellant also claimed that the State's test oath requirement violates the provision of Art.Because we are reversing the judgment on other grounds, we find it unnecessary to consider appellant's contention that this provision applies to state as well as federal offices.Some religious groups have argued that in Torcaso the Supreme Court "found" secular humanism to be a religion.
States that have religious qualifications for public office written in their constitutions
States that do not have religious qualifications for public office written in their constitutions
Supreme Court of the United StatesL. Ed. 2dEarl WarrenHugo BlackFelix FrankfurterWilliam O. DouglasTom C. ClarkJohn M. Harlan IIWilliam J. Brennan Jr.Charles E. WhittakerPotter StewartWikisourceUnited States Supreme CourtUnited States Constitutionrequiring any kind of religious test for public officenotary publicGovernor of MarylandConstitution of MarylandatheistMarylandCircuit CourtMaryland Court of AppealsFourteenthEverson v. Board of Educationno religious test clauseArticle VIsecular humanismcreationismReligious qualifications for public office in the United StatesBernal v. FainterSilverman v. CampbellSouth Carolina Supreme CourtList of United States Supreme Court cases, volume 367The Washington PostFree InquiryPrometheus BooksU.S. Supreme CourtEstablishment ClauseFirst Amendment to the United States ConstitutionMarsh v. ChambersLynch v. DonnellyBoard of Trustees of Scarsdale v. McCrearyCounty of Allegheny v. American Civil Liberties UnionVan Orden v. PerryMcCreary County v. American Civil Liberties UnionPleasant Grove City v. SummumSalazar v. BuonoTown of Greece v. GallowayAmerican Legion v. American Humanist AssociationWalz v. Tax Comm'n of the City of New YorkBob Jones University v. United StatesEstate of Thornton v. Caldor, Inc.Corp. of Presiding Bishop v. AmosTexas Monthly, Inc. v. BullockCity of Boerne v. FloresCutter v. WilkinsonFlast v. CohenLemon v. KurtzmanTilton v. RichardsonCommittee for Public Education v. NyquistValley Forge Christian College v. Americans United for Separation of Church & StateMueller v. AllenAguilar v. FeltonWitters v. Washington Department of Services for the BlindZobrest v. Catalina Foothills School DistrictBoard of Ed. of Kiryas Joel Village School Dist. v. GrumetAgostini v. FeltonMitchell v. HelmsZelman v. Simmons-HarrisLocke v. DaveyArizona Christian Sch. Tuition Org. v. WinnTrinity Lutheran Church v. ComerEspinoza v. Montana Department of RevenueCarson v. MakinOklahoma Statewide Charter School Board v. DrummondMcCollum v. Board of EducationZorach v. ClausonEngel v. VitaleAbington School District v. SchemppEpperson v. ArkansasStone v. GrahamWallace v. JaffreeEdwards v. AguillardWestside Community Board of Ed. v. MergensLee v. WeismanSanta Fe Ind. School Dist. v. DoeElk Grove Unif. School Dist. v. NewdowKennedy v. Bremerton School Dist.Lamb's Chapel v. Center Moriches Union Free School Dist.Capitol Square Review & Advisory Board v. PinetteRosenberger v. Univ. of VirginiaGood News Club v. Milford Central SchoolShurtleff v. City of BostonWatson v. JonesUnited States v. BallardPresbyterian Church v. Hull ChurchSerbian Orthodox Diocese v. MilivojevichHein v. Freedom From Religion FoundationBlue lawsMcGowan v. MarylandBraunfeld v. BrownMcDaniel v. PatyHarris v. McRaeLarkin v. Grendel's Den, Inc.Bowen v. KendrickTrump v. HawaiiFree Exercise ClauseMinisterial exceptionHosanna-Tabor v. EEOCOur Lady of Guadalupe School v. Morrissey-BerruGonzales v. O Centro Espírita Beneficente União do VegetalBurwell v. Hobby Lobby Stores, Inc.Zubik v. BurwellLittle Sisters of the Poor Saints Peter and Paul Home v. PennsylvaniaTanzin v. TanvirRLUIPASossamon v. TexasHolt v. HobbsRamirez v. CollierReynolds v. United StatesDavis v. BeasonCantwell v. ConnecticutMinersville School District v. GobitisJamison v. TexasMurdock v. PennsylvaniaTucker v. Texas