According to an Arkansas state law that dates back to 1874, no Atheists can hold an office or testify in court.
The law 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."
"I don't think that we should have Atheists, because I believe we need some kind of religion to guide people to make the right decisions," says one Arkansan.
"It seems to be almost unconstitutional, you know so, uh it seems it needs to be amended," says another.
The Arkansas Society of Freethinkers is a secular group made up of people who are Atheists and Agnostics. It holds lectures and hosts social events. These Freethinkers champion reason over religion. They believe the law discriminates against them.
"It's insulting, we realize and we've been told by several people it's not enforceable and that may be the case but to have your name on the constitution as someone who is not competent to sit in a courtroom or public office, it's rather insulting," says LeeWood Thomas, with the Arkansas Society of Freethinkers.
We had to dig back into newspaper archives more than 80 years to find a case where that law was enforced.
That same provision says Atheists are not allowed to take the stand in court. In 1928, an Arkansas judge refused to allow a nationally known Atheist, Charles Smith, to testify in his own defense.
No one has since tried to enforce this anti-Atheist law, so we have to wonder, does it even matter?
"Atheists aren't discriminated against," says Jerry Cox, a Christian Conservative who heads up the Family Council. "One slight concern that I might have, is there another agenda at work here other than just getting this old law overturned, and if all they are about it getting the old law removed, I don't really have any issue with them," he says.
The Arkansas Attorney General would not comment on the Atheist law but did point to a 1992 opinion by then Attorney General Winston Bryant. In that opinion, Bryant said the Atheist law would most likely be declared unconstitutional if someone tried to enforce it.
"I'm not an Atheist but freedom of religion is also freedom of no religion," Cox says.
The law 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."
"I don't think that we should have Atheists, because I believe we need some kind of religion to guide people to make the right decisions," says one Arkansan.
"It seems to be almost unconstitutional, you know so, uh it seems it needs to be amended," says another.
The Arkansas Society of Freethinkers is a secular group made up of people who are Atheists and Agnostics. It holds lectures and hosts social events. These Freethinkers champion reason over religion. They believe the law discriminates against them.
"It's insulting, we realize and we've been told by several people it's not enforceable and that may be the case but to have your name on the constitution as someone who is not competent to sit in a courtroom or public office, it's rather insulting," says LeeWood Thomas, with the Arkansas Society of Freethinkers.
We had to dig back into newspaper archives more than 80 years to find a case where that law was enforced.
That same provision says Atheists are not allowed to take the stand in court. In 1928, an Arkansas judge refused to allow a nationally known Atheist, Charles Smith, to testify in his own defense.
No one has since tried to enforce this anti-Atheist law, so we have to wonder, does it even matter?
"Atheists aren't discriminated against," says Jerry Cox, a Christian Conservative who heads up the Family Council. "One slight concern that I might have, is there another agenda at work here other than just getting this old law overturned, and if all they are about it getting the old law removed, I don't really have any issue with them," he says.
The Arkansas Attorney General would not comment on the Atheist law but did point to a 1992 opinion by then Attorney General Winston Bryant. In that opinion, Bryant said the Atheist law would most likely be declared unconstitutional if someone tried to enforce it.
"I'm not an Atheist but freedom of religion is also freedom of no religion," Cox says.
Comments
Can anyone provide a citation for this state law? Because the actual constitution doesn't say anything about atheists standing trial, only testifying in court.
Rich W.
August 10, 2012 at 10:56 pm
Recent History 101, 1948 President Harry S. Truman abolished racial segregation in the armed services by executive order. 1950's blacks were not allowed to vote, 1960's Blacks were not allowed to hold public office.
Roy G.
August 9, 2012 at 10:58 am
This law is blatantly un-Constitutional and needs to be removed from the books promptly. Let's hope the State Government will take action on this quickly. Just as we have freedom of religion, we are constitutionally protected to have freedom from religion.
Kerry B.
August 9, 2012 at 9:34 am
