No religious test clause
Encyclopedia
The No Religious Test Clause of the United States Constitution
is found in Article VI, paragraph 3
, and states that:
This has been interpreted to mean that no federal employee, whether elected or appointed, career or political, can be required to adhere to or accept any religion
or belief. This clause immediately follows one requiring all federal
and state
officers to take an oath or affirmation of support to the Constitution, indicating that the requirement of such a statement does not imply any requirement by those so sworn to accept a particular religion
or a particular doctrine
. The option of giving an "affirmation" (rather than an "oath") can be interpreted as not requiring any metaphysical belief or as a nod to Mennonites and Quakers who would not swear oaths but would make affirmations.
The clause is cited by advocates of separation of church and state
as an example of "original intent
" of the Framers of the Constitution
of avoiding any entanglement between church and state, or involving the government
in any way as a determiner of religious beliefs or practices. This is significant because this clause represents the words of the original Framers, even prior to the Establishment Clause of the First Amendment
.
s were instituted in England in the 17th and 18th centuries. Their main purpose was to exclude anyone not a member of the Church of England
from holding government office, notably Catholic
s and "nonconforming" Protestants
. Government officials were required to swear oaths, such as the Oath of Supremacy
, that the monarch of England was the head of the Church and that they possessed no other foreign loyalties, such as to the Pope
. Later acts required officials to disavow transubstantiation
and the veneration
of saints.
Many colonists of the Thirteen Colonies had left England in part to gain a measure of religious freedom. With the royal government's religious favoritism fresh in their memory, the Founders sought to prevent the return of the Test Acts by adding this clause to the Constitution.
, the Court overturned a loyalty oath that the government had tried to apply to pardoned Confederate officials. As the officials had already received full presidential pardons (negating an argument based on their potential status as criminals), the Court ruled that forcing officials and judges to swear loyalty oaths was unconstitutional.
allowed individual states complete discretion regarding the inclusion of a religious test in their state constitutions. Such religious tests have in recent decades been deemed to be unconstitutional
by the extension of the First Amendment
provisions to the states (via the incorporation
of the 14th Amendment
).
Eight states (Texas
, Massachusetts
, Maryland
, Mississippi
, (Article XIV, Section 265), Pennsylvania
(Article 1 Section 4), North Carolina
, South Carolina
, and Tennessee
) do include language in their constitutions reqiring state officeholders to have particular religious beliefs; one state (Pennsylvania
) specifically protects officeholders with religious belief but is silent on whether those without such beliefs are also protected. The required beliefs include belief in a Supreme Being, and belief in a future state of rewards and punishments. Some of these same states specify that the oath of office include the words "so help me God."
In some cases, these beliefs (or oaths) were historically required also of jurors
, witnesses in court, notaries public
, and state employees. In the 1961 case Torcaso v. Watkins
, the U.S. Supreme Court unanimously ruled that such language in state constitutions was in violation of the First
and Fourteenth
Amendments to the United States Constitution
, but did not rule on the applicability of Article VI, stating that "Because we are reversing the judgment on other grounds, we find it unnecessary to consider appellant's contention that this provision applies to state as well as federal offices." In the 1997 case of Silverman v. Campbell the South Carolina Supreme Court
ruled that the state constitution requiring an oath to God for employment in the public sector was unconstitutional.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
is found in Article VI, paragraph 3
Article Six of the United States Constitution
Article Six of the United States Constitution establishes the Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the...
, and states that:
This has been interpreted to mean that no federal employee, whether elected or appointed, career or political, can be required to adhere to or accept any religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
or belief. This clause immediately follows one requiring all federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
and state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
officers to take an oath or affirmation of support to the Constitution, indicating that the requirement of such a statement does not imply any requirement by those so sworn to accept a particular religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
or a particular doctrine
Doctrine
Doctrine is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system...
. The option of giving an "affirmation" (rather than an "oath") can be interpreted as not requiring any metaphysical belief or as a nod to Mennonites and Quakers who would not swear oaths but would make affirmations.
The clause is cited by advocates of separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
as an example of "original intent
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
" of the Framers of the Constitution
Founding Fathers of the United States
The Founding Fathers of the United States of America were political leaders and statesmen who participated in the American Revolution by signing the United States Declaration of Independence, taking part in the American Revolutionary War, establishing the United States Constitution, or by some...
of avoiding any entanglement between church and state, or involving the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
in any way as a determiner of religious beliefs or practices. This is significant because this clause represents the words of the original Framers, even prior to the Establishment Clause of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Background
A variety of Test ActTest Act
The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and Nonconformists...
s were instituted in England in the 17th and 18th centuries. Their main purpose was to exclude anyone not a member of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
from holding government office, notably Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
s and "nonconforming" Protestants
English Dissenters
English Dissenters were Christians who separated from the Church of England in the 16th, 17th and 18th centuries.They originally agitated for a wide reaching Protestant Reformation of the Established Church, and triumphed briefly under Oliver Cromwell....
. Government officials were required to swear oaths, such as the Oath of Supremacy
Oath of Supremacy
The Oath of Supremacy, originally imposed by King Henry VIII of England through the Act of Supremacy 1534, but repealed by his daughter, Queen Mary I of England and reinstated under Mary's sister, Queen Elizabeth I of England under the Act of Supremacy 1559, provided for any person taking public or...
, that the monarch of England was the head of the Church and that they possessed no other foreign loyalties, such as to the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
. Later acts required officials to disavow transubstantiation
Transubstantiation
In Roman Catholic theology, transubstantiation means the change, in the Eucharist, of the substance of wheat bread and grape wine into the substance of the Body and Blood, respectively, of Jesus, while all that is accessible to the senses remains as before.The Eastern Orthodox...
and the veneration
Veneration
Veneration , or veneration of saints, is a special act of honoring a saint: an angel, or a dead person who has been identified by a church committee as singular in the traditions of the religion. It is practiced by the Eastern Orthodox Church, the Roman Catholic, and Eastern Catholic Churches...
of saints.
Many colonists of the Thirteen Colonies had left England in part to gain a measure of religious freedom. With the royal government's religious favoritism fresh in their memory, the Founders sought to prevent the return of the Test Acts by adding this clause to the Constitution.
Forced oaths
The Supreme Court has interpreted this provision broadly, saying that any required oath to serve anything other than the Constitution is invalid. In the case of Ex parte GarlandEx parte Garland
Ex parte Garland, , was an important United States Supreme Court case involving the disbarment of former Confederate officials.-Case:In January 1865 the Congress of the United States passed a law that effectively disbarred former members of the Confederate government by requiring a loyalty oath be...
, the Court overturned a loyalty oath that the government had tried to apply to pardoned Confederate officials. As the officials had already received full presidential pardons (negating an argument based on their potential status as criminals), the Court ruled that forcing officials and judges to swear loyalty oaths was unconstitutional.
State law
Earlier in U.S. history, the doctrine of states' rightsStates' rights
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...
allowed individual states complete discretion regarding the inclusion of a religious test in their state constitutions. Such religious tests have in recent decades been deemed to be unconstitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
by the extension of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
provisions to the states (via the incorporation
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
of the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
).
Eight states (Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, (Article XIV, Section 265), Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
(Article 1 Section 4), North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, and Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
) do include language in their constitutions reqiring state officeholders to have particular religious beliefs; one state (Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
) specifically protects officeholders with religious belief but is silent on whether those without such beliefs are also protected. The required beliefs include belief in a Supreme Being, and belief in a future state of rewards and punishments. Some of these same states specify that the oath of office include the words "so help me God."
In some cases, these beliefs (or oaths) were historically required also of jurors
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, witnesses in court, notaries public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
, and state employees. In the 1961 case Torcaso v. Watkins
Torcaso v. Watkins
Torcaso v. Watkins, was a United States Supreme Court case in which the court reaffirmed that the United States Constitution prohibits States and the Federal Government from requiring any kind of religious test for public office, in the specific case, as a notary public.-Background:In the early...
, the U.S. Supreme Court unanimously ruled that such language in state constitutions was in violation of the First
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Amendments to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, but did not rule on the applicability of Article VI, stating that "Because we are reversing the judgment on other grounds, we find it unnecessary to consider appellant's contention that this provision applies to state as well as federal offices." In the 1997 case of Silverman v. Campbell the South Carolina Supreme Court
South Carolina Supreme Court
The South Carolina Supreme Court is the highest court in the U.S. state of South Carolina. The court is composed of a Chief Justice and four Associate Justices.-Selection of Justices:...
ruled that the state constitution requiring an oath to God for employment in the public sector was unconstitutional.