Silverman v. Campbell

Silverman v. Campbell, et al.
CourtSouth Carolina Supreme Court
Full case name Herb Silverman v. Carol A. Campbell, et al.
ArguedOctober 3, 1996 1996
DecidedMay 27, 1997 1997
Citation326 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 judgeErnest A. Finney, Jr.[2]
Associate judgesJean Toal, James E. Moore, John H. Waller, E. C. Burnett, III
Case opinions
MajorityFinney
ConcurrenceToal, 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

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.