Rule preventing atheists from holding office likely to stay in Tenn. Constitution
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JACKSON, Tenn. — Tennessee’s constitution is unique to the Volunteer State, drafted in 1796 and amended just eight times, including this past fall. Article IX, Section 2 of the Tennessee State Constitution reads as follows: “No person who denies the being of God, or a future state of rewards and punishments shall hold any office in the civil department of this state.” Dale Conder practices constitutional law in Jackson and said the law has been deemed unconstitutional. “Essentially what it’s saying is that atheists can’t hold office in the state of Tennessee,” Conder said. “In 1961, the U.S. Supreme Court had a case challenging a very similar provision in Maryland’s constitution.” Tennessee, Maryland and five other states — Arkansas, Mississippi, North Carolina, South Carolina and Texas — still have language in their constitutions that prohibits people who do not believe in God from holding office. National atheist rights group The Freedom From Religion Foundation said laws such as this, though they’re not enforced, still suppress atheists. “It is a relic of another age,” Freedom From Religion Foundation lawyer Andrew Seidel said. “It is unconstitutional, and they absolutely should be removed because as long as they’re there, it’s a signal to people that atheists are less than full citizens in the state of Tennessee.” In a Skype interview, Seidel said the nonreligious part of the country now makes up 19 percent of the country’s population and that this calls for state lawmakers to change the constitution’s reading. “It would be nice to see the state legislators at least declare or amend the constitution to say that atheists are full and equal citizens and that this provision is not only unconstitutional but has no place in our society,” Seidel said. According to Conder, removing sections from the constitution isn’t a typical solution. “That’s not something that happens that often,” Conder said. “Usually when states have constitutional conventions, it’s to add something. Rarely do they take anything out.” Church leaders in Jackson who spoke with WBBJ said even though it’s never been enforced, wording such as this still being in the constitution doesn’t help their cause. “I think we forfeit even being able to have a discussion about God with them if we’re persecuting them because they don’t already believe in God,” Paul Riddle, senior pastor at Highland Park Church, said. “In the history of the church, we’ve been discriminated against, and now that we might have a majority in a particular society, we can’t turn around and become the persecutor,” Riddle continued. As for changing the language, Conder says it’s probably there to stay. “Some states carry these forward, and they’re there,” Conder said. “They’re unenforceable. They’re unconstitutional, but they’re there.” Atheists aren’t the only group who are discriminated against in the Volunteer State’s constitution. Section one of the same article says ministers aren’t allowed to hold public office, while section three prohibits those involved in a duel from doing the same.
