Silverman v. Campbell was a South Carolina Supreme Court case regarding the constitutionality of a provision in the South Carolina Constitution requiring an oath to God for employment in the public sector.

Details

In 1992, Herb Silverman was a mathematics professor at the College of Charleston who applied to become a notary public. Silverman had earlier run for the post of Governor of South Carolina. Silverman declared himself an Atheist but also joined a Unitarian Church.[3][4] His application was rejected after he crossed off the phrase "So help me God"[5] from the oath, which was required by the South Carolina State Constitution.[6] Silverman filed a lawsuit naming Governor Carroll Campbell and Secretary of State Jim Miles as defendants.[7] After a lower court made a ruling in favor of Silverman, the state appealed to the Supreme Court contending that the case was not about religion.[8]

The South Carolina Supreme Court, in a unanimous decision,[2] ruled that Article VI, section 2 and Article XVII, section 4 of the South Carolina Constitution—both of which state, "No person who denies the existence of a Supreme Being shall hold any office under this Constitution"[1]—could not be enforced because they violated the First Amendment protection of free exercise of religion and the Article VI, section 3 of the United States Constitution banning the use of a religious test for public office.[9] Current precedent holds that these provisions are binding on the states under the 14th Amendment.[citation needed]

Herb Silverman in 2018. President Emeritus of the Secular Coalition for America, and a former board member of the American Humanist Association.

See also

References

  1. ^ a b "Important SC Supreme Court Cases". South Carolina Bar. Retrieved March 24, 2012.
  2. ^ a b "24622 - Silverman v. Campbell, et al". South Carolina Judicial Department. Retrieved March 24, 2012.
  3. ^ "Candidate without a prayer : An autobiography of a Jewish atheist in the Bible Belt". 2012.
  4. ^ Associated Press (March 2, 1992). "Man's refusal to say "so help me god" hasn't helped get job as notary public". Herald-Journal. Charleston, SC. Retrieved March 24, 2012.
  5. ^ Corbin, Caroline Mala (2011). "Nonbelievers and Government Speech". Iowa Law Review. 97. SSRN 1797804.
  6. ^ Gellman, Susan; Susan Looper-Friedman (2007). "Thou shalt use the equal protection clause for religion cases (not just the establishment clause)" (PDF). University of Pennsylvania Journal of Constitutional Law. Retrieved March 24, 2012.
  7. ^ Associated Press (January 22, 1993). "Man attacks 'Supreme being' rule". Times-News. Retrieved March 24, 2012.
  8. ^ AP (December 20, 1996). "Atheist mounts challenge to S.C. supreme court". The Robesonian. Retrieved March 24, 2012.
  9. ^ Underwood, James L. (2006). The dawn of religious freedom in South Carolina. University of South Carolina Press. p. 53. ISBN 978-1570036217. silverman v. campbell south carolina supreme court.
Allikas: Https://en.wikipedia.org/wiki/Silverman_v._Campbell
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