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Arkansas, 5 Other States, Ban Atheists from Public Service. Ban in repeal.

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Christa Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:06 PM
Original message
Arkansas, 5 Other States, Ban Atheists from Public Service. Ban in repeal.
Edited on Wed Feb-18-09 12:51 PM by Christa

Hard to say what was more remarkable about the resolution that was read into the record and referred to committee Wednesday by a member of the 87th Arkansas General Assembly.

The resolution itself: HJR 1009: AMENDING THE ARKANSAS CONSTITUTION TO REPEAL THE PROHIBITION AGAINST AN ATHEIST HOLDING ANY OFFICE IN THE CIVIL DEPARTMENTS OF THE STATE OF ARKANSAS OR TESTIFYING AS A WITNESS IN ANY COURT.

Or the fact that it was submitted by the Green Party's highest-ranking elected official in America, state Rep. Richard Carroll of North Little Rock, who was elected in November winning more than 80 percent of the vote in his district.

Arkansas is one of half a dozen states that still exclude non-believers from public office. Article 19 Section 1 of the 1874 Arkansas Constitution states that "No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court."

The U.S. Supreme Court ruled all such state provisions unconstitutional and unenforceable in a 1961 ruling in a Maryland case: "We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person 'to profess a belief or disbelief in any religion.'"

http://newsweek.washingtonpost.com/onfaith/undergod/2009/02/an_advocate_for_atheists_in_ar.html

Edited to change headline.
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liberal N proud Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:07 PM
Response to Original message
1. The bill doesn't say whether atheists can bring guns to church.
I think they have lost it in Arkansas
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:11 PM
Response to Reply #1
4. Arkansas is all Democrats too
Two Democratic senators, 4 of 5 Democratic Congressmen, Democratic Governor and State House.

Which is why I keep saying we have to have some sort of truth campaign in certain parts of the country because clearly just electing a Democrat isn't enough to change things.
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jsamuel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:16 PM
Response to Reply #4
9. 3/4 congressmen are Democrats
We don't have 5.

Are you seriously blaming the current 2009 Democrats in Arkansas for the Constitution that was written in 1874?
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:27 PM
Response to Reply #9
13. My family lives in Arkansas
Sorry. Y'all are nuts.
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jsamuel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:29 PM
Response to Reply #13
15. Thank you for calling me insane.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:36 PM
Response to Reply #15
20. Nuts, not insane
Covenant marriage? An unConstitutional law against atheists that no one thought to remove? KKK Hotlines? Paula Jones?

Nuts.

Not that I don't love my family, or you even, but nuts is nuts!

You do have good cookin' though.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:09 PM
Response to Original message
2. Not enforcible in Arkansas since the SCOTUS ruled it unconstitutional.
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SCantiGOP Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 01:44 PM
Response to Reply #2
25. absolutely correct
The SC constitution had a provision that no one who denied the existence of God could hold any public office. A college professor wrote an editorial about it in which he declared himself an ardent athiest and then ran for some minor office just so they would deny him a place on the ballot and he could sue. It didn't even get to the SCOTUS; the SC Supreme Court said it was clearly a violation of the Constitution.
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ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:09 PM
Response to Original message
3. green party whacko fundies?
ah crap. :grr: :argh: :wtf:

Sue their ass off.
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jsamuel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:12 PM
Response to Reply #3
6. did you even read it?
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ixion Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 01:38 PM
Response to Reply #6
24. yeah, I did... thanks for asking...
sounds like a whole bunch of hoo-ha, to me, and a huge waste of time and effort when we have serious issues to deal with.
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moggie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-19-09 07:05 AM
Response to Reply #24
36. Standing up for rights is a "serious issue"
When there's a law on the books which tells a whole class of citizens that they're not fit to serve their state or to witness in court - basically, because they're not to be trusted - that's a "serious issue". We now get to see how seriously Arkansas takes the constitution.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:11 PM
Response to Original message
5. The citizens of this country are de-evolving at a horrific rate
and government acting against the law still seems to be in vogue, despite the fact that BushCo is finally out of office.
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KittyWampus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:32 PM
Response to Reply #5
17. I don't agree with you. It's a small, vocal minority of people in select areas doing this crap
and they are simply agitating as a means of manipulating an ever diminishing number of people.

Our society has become more open-minded as time has gone. Progress is being made.

It's just those who refuse to grow are becoming ever more vocal and objectionable as their number decrease.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 04:28 PM
Response to Reply #17
34. Did you live through the 70s and 80s?
Our society seemed more open minded and logical then. There sure as hell was less mainstream far right wing nuttery then then there is now, and less overt racism and sexism. But of course that was all before Reagan killed the Fairness Doctrine and the Right Wing noise machine kicked into high gear.
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Lost in CT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 02:24 PM
Response to Reply #5
29. I pretty sure most of the people who passed this in 1874 are dead now.
but I agree reading comprehension has dropped sharply.
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Lorien Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 04:33 PM
Response to Reply #29
35. Nice snark


Arkansas is one of half a dozen states that still exclude non-believers from public office. Article 19 Section 1 of the 1874 Arkansas Constitution states that "No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court."

The U.S. Supreme Court ruled all such state provisions unconstitutional and unenforceable in a 1961 ruling in a Maryland case: "We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person 'to profess a belief or disbelief in any religion.'"

Carroll is merely trying to do some symbolic constitutional housecleaning, but it won't be easy.

In 2005, state Rep. Buddy Blair filed a resolution to affirm Arkansas' support for the separation of church and state. The resolution lost 39-44 in the House.

And last month, Rep. Lindsley Smith offered a resolution to declare Jan. 29 at Thomas Paine Day in Arkansas.

"I consider myself a very religious person," Smith told the committee considering her bill to designate Jan. 29 as Thomas Paine Day in Arkansas. Paine, the colonial patriot who wrote "Common Sense," a pamphlet that built support for the American Revolution. Paine also was a Deist who believed in God but not religion.

The proposal died in committee, even after Smith assured her colleagues that she was not an atheist. Which they would have known if they'd read the state constitution.

Meanwhile, in a related story, the Arkansas House passed a bill Wednesday allowing people to bring their guns to church.

"Due to many shootings that have happened in our churches across our nation, it is time we changed our concealed handgun law to allow law-abiding citizens of the state of Arkansas the right to defend themselves and others should a situation happen in one of our churches," said state Rep. Beverly Pyle.

The bill doesn't say whether atheists can bring guns to church.

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Cerridwen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:13 PM
Response to Original message
7. No religious test.
Article Six of the United States Constitution

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.


I'm starting to think that only those who have actually read the US Constitution and shown some comprehension of their reading, should be allowed to run for public office.

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jsamuel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:13 PM
Response to Original message
8. The bill is to REPEAL that part of the constitution that was written in 1874!
Edited on Wed Feb-18-09 12:15 PM by jsamuel
Anyone who knows history, knows that 1874 was a different time. I know that rule hasn't been enforced since I have lived in the state. The ammendment is going through the motions to repeal it.
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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:34 PM
Response to Reply #8
18. Yep the Constitution did not apply in 1874
:crazy:
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jsamuel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:36 PM
Response to Reply #18
19. The issue was resolved in 1961 in Maryland.
Edited on Wed Feb-18-09 12:38 PM by jsamuel
So obviously, this was an issue for many states that had conflicting constitutions with the Federal Constitution. That is what the US Supreme Court is for.
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Greyskye Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:16 PM
Response to Original message
10. Misread the article. Nevermind... :)
Edited on Wed Feb-18-09 12:17 PM by Greyskye
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:21 PM
Response to Original message
11. this is to REPEAL the ban as I read it- a good thing to repeal
since it is discriminatory.- and even if the Supreme Court said Arkansas can't discriminate in this way, it would be a good thing to get the law OFF the books formally, don't you think?

It doesn't surprise me that the Green Party candidate introduced the bill- it's fitting :shrug: "Amending- to REPEAL THE PROHIBITION.."

Or am I really missing something here??

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jsamuel Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:21 PM
Response to Reply #11
12. You got it right.
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Bluerthanblue Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:44 PM
Response to Reply #12
21. thanks- and sorry i didn't see
your post above before i posted.

(It takes me awhile between hitting the 'reply' button and 'post message' button these days :dunce:)

My cognative abilities are not what they used to be :P
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anonymous171 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:29 PM
Response to Original message
14. WTF!? Have they ever read the Constitution? nt
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Arugula Latte Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:30 PM
Response to Original message
16. Christa -- Please re-do the headline. They are trying to repeal this.
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truebrit71 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 12:46 PM
Response to Original message
22. Wow...so they want to pass a bill that has already been deemed unconstitutional?
..glad to see that those legislators have cured hunger, health care and education problems in their state...:eyes:
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SCantiGOP Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 01:47 PM
Response to Reply #22
26. ashamed to admit this
But SC had a referendum about 10 years ago to repeal an unconstitutional and unenforceable part of our Constitution that banned inter-racial marriage. Almost 30% voted against it.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 02:44 PM
Response to Reply #22
31. No, they're attempting to repeal it as it was ruled unconstitutional in 1961. It's like all those
state laws still on the books about sodomy and sex between unmarried couples. It exists but isn't enforced.
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Historic NY Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 01:06 PM
Response to Original message
23. I felt like I just had an Emily moment...
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NoPasaran Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 02:17 PM
Response to Original message
27. I hope that all of you denouncing the good people of Arkansas
I hope that all of you denouncing the good people of Arkansas as backwards hicks are aware that Massachusetts still has a law on its books prohibiting blasphemy.

Section 36. Whoever wilfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars, and may also be bound to good behavior.
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 02:21 PM
Response to Reply #27
28. Goddamned Massholes!
:sarcasm:
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pipi_k Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 02:40 PM
Response to Reply #27
30. Zero tolerance...
here in Mass!!!


Last week Mrs Miranda K. Squeakenbubble from Lowell was placed in the stocks for three days for blaspheming the Holy Ghost's mother in law.



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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 03:00 PM
Response to Reply #27
33. But they have gay marriage, not covenant marriage
Big difference.
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ismnotwasm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-18-09 02:50 PM
Response to Original message
32. "A God'?
Kind of leaves it wide open there doesn't it?
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