Atheists are second class citizens in Arkansas. They cannot hold public office or stand trial says an old law which is still on the books. Surprisingly, this law was never challenged as being unconstitutional. 1928 was the last time someone was denied their rights under this law.
The Law
A law in Arkansas, which dates back to 1874, states that, "no person who denies the being of a God shall hold any office in the civil departments of the state nor be competent to stand trial." This law still stands. In theory, this law could prevent someone from running for local office or testifying in court if they are atheists.
Is It Constitutional
Arkansas should delete the law because it is in clear violation of the First Amendment which states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Deciding not to practice religion is still a religious choice--protected under the Constitution. Federal law always trumps state law.
Has The Law Been Used
KARK TV reports in 1928 Charles Smith was denied the right to testify on his own behalf because he was an atheist. This is the most recent incident. It is time to get this law off of the books. The law is an embarrassment to Arkansas. It's shocking that laws like this still exist.
recommend
Facebook
Twitter
bookmark 
print
Comments: 44
There are many forms of discrimination and abuse currently directed towards atheists throughout the United States. Just yesterday I read about an atheist USMC recruit who was required to bow her head in order to participate in the "Eagle Globe and Anchor Ceremony". And that Pat Robertson bizarrely blamed atheists for the Sikh temple shooting.
Some Americans (including some here at Gather) think it would be awesome if the United States was governed as a Christian theocracy, that every aspect of society was forced to conform to "biblical principles", and that all atheists and non-Christians were treated as second-class citizens, or worse). I think it's good that so many people are standing up against these sorts of actions and attitudes, taking them on in both the public square and, when necessary, in the court rooms of the nation.
Nope....Can't think of a single person saying something like that Wil.
Gary North, Institute of Christian Economics and Dominion Educations Ministries, Inc.
Greg L. Bahnsen, Bahnsen Theological Seminary
Mission - Restore America to its Biblical Foundation -- From Genesis to Revelation
Motto - Exercising Servanthood Dominion
Vision - An America that recognizes the sovereignty of God over all of life, where Christians apply a Biblical worldview to every facet of society. This future America will be again a "city on a hill" drawing all nations to the Lord Jesus Christ and teaching them to subdue the earth for the advancement of His Kingdom."
George Grant, King's Meadow Study Center, Franklin Classical School,, Parish Presbyterian Church (Franklin, Tenn.)
David Barton, Wallbuilders
Randall Terry, Operation Rescue
"So let us be blunt about it: We must use the doctrine of religious liberty to gain independence for Christian schools until we train up a generation of people who know that there is no religious neutrality, no neutral law, no neutral education, and no neutral civil government. Then they will be get busy in constructing a Bible-based social, political and religious order which finally denies the religious liberty of the enemies of God."
Gary North, Institute of Christian Economics and Dominion Educations Ministries, Inc.
tame: Wow. It's hard to believe that God is proud of this brand of Christianity. It's merciless.
Just like that law here in Washington State that you can't walk your monkey down the street on Sundays....We gotta strike down all of those old laws that are not being enforced.
My bad.
Let's talk about The Shooting of Sikhs in the USA if you prefer.
First, the law should go.
But NOT for the reasons you stated. Note that "CONGRESS shall make no law." Congress did NOT make this law - ARKANSAS did. And Federal Law cannot force Arkansas to change because if they try, THEY WOULD BE FORCED TO USE A LAW BASED ON RELIGION which is banned by the Constitution. This is a ridiculous round robin.
Arkansas should just get rid of it. Then there is no problem with the Feds overstepping the bounds of the Constitution.
Sure it can. The Establishment Clause has been applied to states since 1947 (Emerson v Board of Education), and the SCOTUS dealt with this specific issue, striking down part of the Maryland Constitution, in Torcaso v Watkins in 1961.
I believe in God, but Is ure don't believe in hell.
I wouldn't mind this particular hell.
I also like the fact that is says "a god" - not specifying that it has to be a god recognized by any major religion. I could develop a fondness for Ganesha, the elephant-nosed god, or perhaps Quetzalcoatl, if only to watch the confusion as they try to spell it. If it is an odd-numbered Thursday, I'm a Pastafarian, so I could be sworn in on my copy of The Gospel of the Flying Spaghetti Monster .
tame: An archaic law reminds me of stuff in the attic of a house: it lies around collecting dust until it gets tossed by a future generation. Very interesting post!
Further, the State of Arkansas has never affirmed "The Separation of Church and State" clause within the U.S. Constitution within the State's Constitution. In fact, on Feb. 17th 2005, HR 1005 Bill which would have affirmed the State of Arkansas' Constitutional support for the U.S. Constitution clause which declares The Separation of Church and State, was rejected by a vote of 44 no - 39 yes, with two Republicans voting yes. However, one of those two Republicans claimed that he had intended to vote against the bill, not for it. (45 - 38) No further Bills on the subject have since been submitted for consideration by the State Legislature.