Lawsuit Threatened if Atheist North Carolina Councilman Gets Sworn In

[Modbert]

FOXNews.com - Lawsuit Threatened if Atheist North Carolina Councilman Gets Sworn In

RALEIGH, N.C. -- Asheville City Councilman Cecil Bothwell believes in ending the death penalty, conserving water and reforming government -- but he doesn't believe in God. His political opponents say that's a sin that makes him unworthy of serving in office, and they've got the North Carolina Constitution on their side.

Bothwell's detractors are threatening to take the city to court for swearing him in, even though the state's antiquated requirement that officeholders believe in God is unenforceable because it violates the U.S. Consititution.

Bothwell ran this fall on a platform that also included limiting the height of downtown buildings and saving trees in the city's core, views that appealed to voters in the liberal-leaning community at the foot of the Appalachian Mountains. When Bothwell was sworn into office on Monday, he used an alternative oath that doesn't require officials to swear on a Bible or reference "Almighty God."

That has riled conservative activists, who cite a little-noticed quirk in North Carolina's Constitution that disqualifies officeholders "who shall deny the being of Almighty God." The provision was included when the document was drafted in 1868 and wasn't revised when North Carolina amended its constitution in 1971. One foe, H.K. Edgerton, is threatening to file a lawsuit in state court against the city to challenge Bothwell's appointment.

"My father was a Baptist minister. I'm a Christian man. I have problems with people who don't believe in God," said Edgerton, a former local NAACP president and founder of Southern Heritage 411, an organization that promotes the interests of black southerners.

Bothwell can't be forced out of office over his atheist views because the North Carolina provision is unenforceable, according to the supremacy clause of the U.S. Constitution. Six other states, Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee and Texas, have similar provisions barring atheist officeholders.

In 1961, the U.S. Supreme Court reaffirmed that federal law prohibits states from requiring any kind of religious test to serve in office when it ruled in favor of a Maryland atheist seeking appointment as a notary public.

But the federal protections don't necessarily spare atheist public officials from spending years defending themselves in court. Avowed atheist Herb Silverman won an eight-year court battle in 1997 when South Carolina's highest court granted him the right to be appointed as a notary despite the state's law.

Well, in the end, the Atheist will win. Meanwhile, Republicans will still continue to be stuck in 1868. I do wonder what is so Conservative about denying people who do not believe in a God a right to hold office anyway.

 

[geauxtohell]

FOXNews.com - Lawsuit Threatened if Atheist North Carolina Councilman Gets Sworn In

RALEIGH, N.C. -- Asheville City Councilman Cecil Bothwell believes in ending the death penalty, conserving water and reforming government -- but he doesn't believe in God. His political opponents say that's a sin that makes him unworthy of serving in office, and they've got the North Carolina Constitution on their side.

Bothwell's detractors are threatening to take the city to court for swearing him in, even though the state's antiquated requirement that officeholders believe in God is unenforceable because it violates the U.S. Consititution.

Bothwell ran this fall on a platform that also included limiting the height of downtown buildings and saving trees in the city's core, views that appealed to voters in the liberal-leaning community at the foot of the Appalachian Mountains. When Bothwell was sworn into office on Monday, he used an alternative oath that doesn't require officials to swear on a Bible or reference "Almighty God."

"My father was a Baptist minister. I'm a Christian man. I have problems with people who don't believe in God," said Edgerton, a former local NAACP president and founder of Southern Heritage 411, an organization that promotes the interests of black southerners.

Bothwell can't be forced out of office over his atheist views because the North Carolina provision is unenforceable, according to the supremacy clause of the U.S. Constitution. Six other states, Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee and Texas, have similar provisions barring atheist officeholders.

In 1961, the U.S. Supreme Court reaffirmed that federal law prohibits states from requiring any kind of religious test to serve in office when it ruled in favor of a Maryland atheist seeking appointment as a notary public.

But the federal protections don't necessarily spare atheist public officials from spending years defending themselves in court. Avowed atheist Herb Silverman won an eight-year court battle in 1997 when South Carolina's highest court granted him the right to be appointed as a notary despite the state's law.

Well, in the end, the Atheist will win. Meanwhile, Republicans will still continue to be stuck in 1868. I do wonder what is so Conservative about denying people who do not believe in a God a right to hold office anyway.

Talk about a stinker legal case. This one has "establishment clause" written all over it. If it accomplishes anything, it will just lead to the archaic state law being chucked.

"No religious litmus test" means just that.

 

[PatekPhilippe]

He won fair and square....his opponents don't have a prayer in keeping him from office. Pun intended.

 

[Modbert]

Talk about a stinker legal case. This one has "establishment clause" written all over it. If it accomplishes anything, it will just lead to the archaic state law being chucked.

"No religious litmus test" means just that.

Some of these Republicans in N.C. think they can bypass the law though. I mean, God is on their side supposedly.

 

[manifold]

TFF!

 

[rdean]

Worse, he not only doesn't believe in God, but he also doesn't believe in angels, demons, devils, holy ghosts, friendly ghosts, fairies, leprechauns, ogres, witches, astrology, sorcerers, magic or the supernatural. What kind of man IS he?

The next thing you know, they will be telling us the Grand Canyon WASN'T formed by Noah's Flood.

 

[geauxtohell]

Talk about a stinker legal case. This one has "establishment clause" written all over it. If it accomplishes anything, it will just lead to the archaic state law being chucked.

"No religious litmus test" means just that.

Some of these Republicans in N.C. think they can bypass the law though. I mean, God is on their side supposedly.

His opponents will fail.

Badly.

This is kind of like the old sodomy laws that are on the books in southern states and only exist until someone is charged with violating them and takes their case to court.

 

[rightwinger]

Where else but North Carolina

 

[Shogun]

wtf? Ogres aren't REAL? well shit. There goes my public office bid.

 

[garyd]

His opponent Is H. K. Edgerton. No one else is cited and Edgerton is at least based upon his wiki bio a certifiable loon. He isn't in particular conservative in the since of those of us on the right he is simply a nutbar.

 

[noose4]

Where else but North Carolina

Could be Texas, South Carolina, Utah, Arizona, there are quite a few states that have backwards religious types in positions of power .

 

[garyd]

And others that have dumb ass atheists running things. There is little evidence that one is necessarily worse than the other.

 

[Kalam]

"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." - Article VI

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." - Amendment 14

Good luck.

 

[noose4]

And others that have dumb ass atheists running things. There is little evidence that one is necessarily worse than the other.

Yes there is, atheists dont sue to try to prevent duly elected religious types from taking office for the reason that they believe in god.

 

[garyd]

Nah they wait until they hang up a cross in their office then they sue them...

 

[rdean]

Nah they wait until they hang up a cross in their office then they sue them...

Polititions aren't the only ones who put up crosses:

 

[noose4]

Nah they wait until they hang up a cross in their office then they sue them...

Got a link?

 

[RetiredGySgt]

FOXNews.com - Lawsuit Threatened if Atheist North Carolina Councilman Gets Sworn In

RALEIGH, N.C. -- Asheville City Councilman Cecil Bothwell believes in ending the death penalty, conserving water and reforming government -- but he doesn't believe in God. His political opponents say that's a sin that makes him unworthy of serving in office, and they've got the North Carolina Constitution on their side.

Bothwell's detractors are threatening to take the city to court for swearing him in, even though the state's antiquated requirement that officeholders believe in God is unenforceable because it violates the U.S. Consititution.

Bothwell ran this fall on a platform that also included limiting the height of downtown buildings and saving trees in the city's core, views that appealed to voters in the liberal-leaning community at the foot of the Appalachian Mountains. When Bothwell was sworn into office on Monday, he used an alternative oath that doesn't require officials to swear on a Bible or reference "Almighty God."

"My father was a Baptist minister. I'm a Christian man. I have problems with people who don't believe in God," said Edgerton, a former local NAACP president and founder of Southern Heritage 411, an organization that promotes the interests of black southerners.

Bothwell can't be forced out of office over his atheist views because the North Carolina provision is unenforceable, according to the supremacy clause of the U.S. Constitution. Six other states, Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee and Texas, have similar provisions barring atheist officeholders.

In 1961, the U.S. Supreme Court reaffirmed that federal law prohibits states from requiring any kind of religious test to serve in office when it ruled in favor of a Maryland atheist seeking appointment as a notary public.

But the federal protections don't necessarily spare atheist public officials from spending years defending themselves in court. Avowed atheist Herb Silverman won an eight-year court battle in 1997 when South Carolina's highest court granted him the right to be appointed as a notary despite the state's law.

Well, in the end, the Atheist will win. Meanwhile, Republicans will still continue to be stuck in 1868. I do wonder what is so Conservative about denying people who do not believe in a God a right to hold office anyway.

You may want to REREAD your own story. The man threatening a lawsuit is BLACK. I seriously doubt he is a Republican. You see in the South they actually HAVE conservative Democrats.

If he is Republican then I am glad some blacks in my State are Republican.

 

[RadiomanATL]

FOXNews.com - Lawsuit Threatened if Atheist North Carolina Councilman Gets Sworn In

RALEIGH, N.C. -- Asheville City Councilman Cecil Bothwell believes in ending the death penalty, conserving water and reforming government -- but he doesn't believe in God. His political opponents say that's a sin that makes him unworthy of serving in office, and they've got the North Carolina Constitution on their side.

Bothwell's detractors are threatening to take the city to court for swearing him in, even though the state's antiquated requirement that officeholders believe in God is unenforceable because it violates the U.S. Consititution.

Bothwell can't be forced out of office over his atheist views because the North Carolina provision is unenforceable, according to the supremacy clause of the U.S. Constitution. Six other states, Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee and Texas, have similar provisions barring atheist officeholders.

In 1961, the U.S. Supreme Court reaffirmed that federal law prohibits states from requiring any kind of religious test to serve in office when it ruled in favor of a Maryland atheist seeking appointment as a notary public.

But the federal protections don't necessarily spare atheist public officials from spending years defending themselves in court. Avowed atheist Herb Silverman won an eight-year court battle in 1997 when South Carolina's highest court granted him the right to be appointed as a notary despite the state's law.

Well, in the end, the Atheist will win. Meanwhile, Republicans will still continue to be stuck in 1868. I do wonder what is so Conservative about denying people who do not believe in a God a right to hold office anyway.

You may want to REREAD your own story. The man threatening a lawsuit is BLACK. I seriously doubt he is a Republican. You see in the South they actually HAVE conservative Democrats.

If he is Republican then I am glad some blacks in my State are Republican.

I doubt the dude is Democrat. He probably votes Republican, but he's really just loony. Whats amazing is that no one takes this guy seriously...until he becomes a convenient way to paint all of southern conservatives as supposedly thinking just like him.

SPLCenter.org: Neo-Confederates

Edgerton's ancestors were slaves. He stepped down just four years ago from chairing his local NAACP chapter. Now he's on the board of Black Mountain's Southern Legal Resource Center, run by white supremacist attorney Kirk Lyons, who inspired Edgerton to become what Lyons calls a "born-again Confederate."

Since then, Edgerton has become a darling of the white-supremacist wing of the "heritage" movement. His flag-waving protests have drawn renewed attention to a highly unorthodox version of history in which Africans were brought to America (in Edgerton's own words) as a gift from "God in his infinite wisdom," and "the only one who cared about the African was the white man in the South."

 

[Modbert]

You may want to REREAD your own story. The man threatening a lawsuit is BLACK. I seriously doubt he is a Republican. You see in the South they actually HAVE conservative Democrats.

If he is Republican then I am glad some blacks in my State are Republican.

So why he is likely a Democrat? Because he's black? Nice Job RGS!