(cross-posted at BlueNC, Talk2Action and The Christian Dem Home Journal)
When I found out that an Arkansas state rep is trying to repeal a provision in his state constitution that bars atheists from holding office, I remembered that, sadly, North Carolina's constitution has a similar provision.
Article 6, Section 8 says that anyone who "shall deny the being of Almighty God" can't hold office in the state. And here's another kicker--this provision was carried over verbatim from the 1868 Constitution even though SCOTUS threw out a similar provision in Maryland just 10 years before the current constitution was adopted.
To be sure, this provision has never been enforced since the adoption of our current constitution, since it would almost certainly be thrown out as a violation of the 1st and 14th Amendments (and possibly Article 6 as well). Still, to my mind the fact it's still there makes the state look backwoods.
I have to think there's a better chance than one may think of repealing this provision, if only because of the drubbing Liddy Dole took from Kay Hagan. Take a look at the county map of the Senate race. See that lovely swatch of blue on the coast? Conventional wisdom suggests that Liddy's "Godless" ads would have actually helped her here, especially since this area was usually the backbone of Jesse Helms' support. However, Hagan actually outperformed Obama in this part of the state.
This is an important distinction, because the real battle would be even getting an amendment to throw this provision out on the table. Per Article 12, the constitution can be amended by either a constitutional convention or a referendum. However, a convention can only be called by a two-thirds vote of the General Assembly, and an amendment by referendum can only get on the ballot after a three-fifths vote of the General Assembly. I have a hunch that there's a majority in the General Assembly, as well as a majority in the whole state, in favor of throwing it out (since the Charlotte/Triad/Triangle corridor elects a substantial majority of both houses). After all, Hagan would have won even without doing as well as she did on the coast. So here's the $64,000 question--are there enough votes in the mountain and coastal legislative districts to even get this on the ballot?