In God we believe?

• Author: Goodstein, Laurie
• Position: NATIONAL

Seven states still officially prohibit atheists from holding public office. A group of nonbelievers is pushing to change that.

In 1959, a bookkeeper named Roy Torcaso filled out the paperwork to become a notary public* in Maryland. To get the certificate, Torcaso was required to declare that he believed in God. An atheist, he refused and filed a lawsuit.

"The point at issue," Torcaso said at the time, "is not whether I believe in a Supreme Being, but whether the state has a right to inquire into my beliefs."

His case went all the way to the Supreme Court, which ruled unanimously in 1961 that states could not have a "religious test" for public office.

But 54 years later, Maryland and six other states still have language in their state constitutions forbidding people who don't believe in God from holding any public office. Maryland's constitution also says belief in God is a requirement for jurors and witnesses.

Now, as the number of Americans who identify themselves as unreligious is growing (see graphs), a coalition of nonbelievers says it's time to get rid of the atheist bans because they're discriminatory, offensive, and unconstitutional.

"If it was on the books that Jews couldn't hold public office, or that African-Americans or women couldn't vote, that would be a no-brainer," says Todd Stiefel, chairman of the Openly Secular coalition, an atheist-rights group based in Ohio. "You'd have politicians falling all over themselves to try to get it repealed. Even if it was still unenforceable, it would still be disgraceful and be removed. So why are we different?"

The movement to end the bans on atheists is part of a larger ongoing discussion about the separation of church and state in America. The idea is enshrined in the First Amendment, which says that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

But what the Amendment means in practical terms has been debated for two centuries, and in some ways religion has long been entwined with our government: "In God we trust" is stamped on our money; presidents traditionally take the oath of office with a hand on a Bible; and in most courts, the oath sworn by both witnesses and jurors ends with "so help me God" (though in many states, the phrase is optional). Echoing the sentiments of many religious Americans, President Ronald Reagan once said, "If we ever forget we are one nation under God, then we will be a nation gone under."

For decades, atheists have pressed legal challenges against the recitation of the Pledge of Allegiance in public schools. They say that because it contains the words "under God" it violates the Constitution's...