Religion: Atheists in Office

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The Supreme Court of the United States last week unanimously reversed two lower courts to find that the State of Maryland's "religious test for public office unconstitutionally invades . . . freedom of belief and religion." The case in question: Roy R. Torcaso's application for a commission as notary public, denied two years ago because he says flatly that he does not believe in God.

Article 37 of Maryland's constitution states that "no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God." But according to the opinion written by Justice Hugo Black, no government, either state or federal, "can constitutionally force a person 'to profess a belief or disbelief in any religion.' " Nor can either government "impose requirements which aid all religions as against nonbelievers, and neither can aid those religions based on a belief in the existence of God as against those religions founded on different beliefs."

During the two years' waiting, says Roy Torcaso, he has got three antagonistic phone calls—one calling him a "dirty Communist," another an "atheistic bum." the third insulting his wife. Overbalancing that, he says, he has received "tremendously overwhelming support" from all over the U.S. and Canada.