Silverman v. Campbell
| Silverman v. Campbell, et al. | |
|---|---|
| Court | South Carolina Supreme Court |
| Full case name | Herb Silverman v. Carol A. Campbell, et al. |
| Argued | October 3, 1996 1996 |
| Decided | May 27, 1997 1997 |
| Citation | 326 S.C. 208 (1997) 486 S.E.2d 1 [1] |
| Holding | |
| The Court held that the Constitution of South Carolina articles requiring belief in a supreme being to be in violation of the First Amendment and the No Religious Test Clause of the U. S. Constitution[1] | |
| Court membership | |
| Chief judge | Ernest A. Finney, Jr.[2] |
| Associate judges | Jean Toal, James E. Moore, John H. Waller, E. C. Burnett, III |
| Case opinions | |
| Majority | Finney |
| Concurrence | Toal, Moore, Waller, Burnett |
| Laws applied | |
| Article VI, section 3 of the U.S. Constitution | |
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
[edit]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]
See also
[edit]- Torcaso v. Watkins (a similar case in Maryland)
- Secular Coalition for America, an atheist advocacy group founded by Silverman
References
[edit]- ^ a b "Important SC Supreme Court Cases". South Carolina Bar. Retrieved March 24, 2012.
- ^ a b "24622 - Silverman v. Campbell, et al". South Carolina Judicial Department. Retrieved March 24, 2012.
- ^ "Candidate without a prayer : An autobiography of a Jewish atheist in the Bible Belt". 2012.
- ^ 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.
- ^ Corbin, Caroline Mala (2011). "Nonbelievers and Government Speech". Iowa Law Review. 97. SSRN 1797804.
- ^ 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.
- ^ Associated Press (January 22, 1993). "Man attacks 'Supreme being' rule". Times-News. Retrieved March 24, 2012.
- ^ AP (December 20, 1996). "Atheist mounts challenge to S.C. supreme court". The Robesonian. Retrieved March 24, 2012.
- ^ 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.