Via Legal As She is Spoke, I came upon a surprising provision in the Texas State Constitution. Section 4 of Article 1 of the state's Constitution (which is its Bill of Rights) provides: RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being. Got that? Texas will not preclude you from becoming its governor, head dog-catcher or any other state official ... so long as you will acknowledge the existence of a Supreme Being. Thanks, Texas! LASIS set out in this post to figure out how Section 4 did not violate the U.S. Constitution, and whether the state was alone in requiring officials to acknowledge the existence of a Supreme Being. In short, LASIS concluded that: 1. Section 4 does violate the First Amendment's religion-related protections, as applied to the states via the due process clause of the Fourteenth Amendment. In 1961, LASIS notes, the U.S. Supreme Court considered the case of Roy Torcaso, an atheist who challenged Article 37 of the Constitution of Maryland's...

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