This piece, written by SC Progressive Network member Herb Silverman, ran in The Washington Post.
By Herb Silverman
Founder and President of the Secular Coalition for America and Secular Humanists of the Lowcountry

I’m reminded of my South Carolina experience when I hear that some folks in Asheville, NC, want to remove Cecil Bothwell from City Council. What he and I have in common is not just that we are atheists, but that we are open about it. The constitutions of both North and South Carolina bar atheists from holding public office.

I first heard about the South Carolina exclusion in 1990. I’m no constitutional scholar, but I knew that Article 6 of our U.S. Constitution explicitly states that there may be no religious tests for public office. The U.S. Supreme Court ruled in 1961 that this provision also applies to the states. So I assumed this was just an anachronism, and could easily be changed. I was wrong. I wound up to running for public office, first as a gubernatorial candidate and then as a notary public, in order to challenge this unconstitutional provision. It took eight years and a unanimous verdict of the South Carolina Supreme Court to state the obvious, that no religious test for public office may be applied, not even in South Carolina.

Our state wasted about $100,000 trying to keep me from becoming a notary public. None of the political leaders in South Carolina, and certainly not the lawyers advising them, believed they would prevail legally if I continued to pursue my case. Yet, those same politicians showed that they would rather waste time and money on a lost cause than risk the wrath and lose the votes of the state’s well-organized religious right. But South Carolina is known as a state that fights lost causes. Et tu, North Carolina?

Atheists are now eligible to run for any office in South Carolina, which means the provision against atheists is unenforceable. However, the South Carolina Constitution can only be amended by a referendum in which the majority of voters approve the change. This is not likely to happen anytime soon. It took a referendum in 1998 for South Carolina to remove its anti-miscegenation laws from the State Constitution. Even then, 38% of South Carolinians voted against allowing blacks and whites to marry, though the U.S. Supreme Court ruled in 1967 that states could no longer prevent interracial marriage.

I noticed in recent newspaper articles that both Bothwell and I were called “avowed” atheists, though neither of us had taken vows. I once had a discussion with a public editor about why the local paper always put an adjective before “atheist,” but did not apply one to people of religious faiths. I was told it was unnecessary for those who belonged to communities of worship, but the newspaper had only the word of one person who says he or she is an atheist. I asked which is more likely, that a religious person in this country would pretend to be an atheist or that an atheist would pretend to be religious? The paper conceded I had a point, but it continues to “avow” me. Even worse, I’ve been introduced on radio as a “so-called atheist” or an “admitted atheist.” I wonder what the reaction would be were someone introduced as a “so-called Jew” or an “admitted Southern Baptist.”

What Bothwell and I also have in common is that some people judge us more by our beliefs than by our behavior. H.K. Edgerton, a North Carolina voter, is threatening a lawsuit to remove Bothwell from office. Here is one of his reasons: “I have problems with people who don’t believe in God.” Edgerton continued, “I’m not saying that Cecil Bothwell is not a good man.” This reminds me of the time in 2003 I was invited to give an invocation at a Charleston, South Carolina, City Council meeting. As I got up to speak, half the council members walked out because they knew I was an atheist. Those who stayed to listen said my invocation was fine.

One councilman justified the walkout by quoting from Psalm 14: “The fool says in his heart, ‘There is no God.’ They are corrupt, their deeds are vile; there is not one who does good.” He then told me it was not personal. In other words, his religious beliefs compelled him to ignore or demonize an entire class of people he was elected to represent. Frankly, I would rather it had been personal.

That walkout vividly showed that we are still engaged in one of the last civil rights struggles in which blatant discrimination is viewed as acceptable behavior. Of course, bigotry exists everywhere, but it is especially lamentable when government officials defend public acts of intolerance at government functions. What would have been the reaction had city council members walked out because a Jew, a Muslim, or a Buddhist was giving an invocation?

Prior to 1990, I was apathetic about my atheism, feeling I had better things to do than talk about the nonexistence of gods. When I began to view atheism as a civil right issue, I helped found the Secular Coalition for America, whose mission is to increase the visibility of, and respect for, nontheistic viewpoints. The Secular Coalition held a contest for people to nominate the person they believed was the highest-ranking elected leader with no god beliefs. As a result, Rep. Pete Stark (D-Calif.) became the first in the history of Congress to publicly acknowledge he doesn’t believe in God. Does anyone think there aren’t scores more who feel the political need to remain in their atheist and agnostic closets? It is my hope that one day politicians like Cecil Bothwell and others will be judged on the content of their character and the issues they find important, rather than on their professed religious beliefs. That would be my idea of true religious freedom.