Background
In the early 1960s, the Governor of Maryland appointed Roy Torcaso (November 13, 1910 - June 9, 2007) as a notary public. At the time, the Maryland Constitution required "a declaration of belief in the existence of God" (Maryland Declaration of Rights, Article 37) in order for a person to hold "any office of profit or trust in this State" (ibid.).
Torcaso, an atheist, refused to make such a statement, and his appointment was consequently revoked. Torcaso, believing his constitutional rights to freedom of religious expression had been infringed, filed suit in a Maryland Circuit Court, only to be rebuffed; the Circuit Court rejected his claim, and the Maryland Court of Appeals held that the requirement for a declaration of belief in God as a qualification for office was self-executing.
The Court of Appeals justified its decision:
The petitioner is not compelled to believe or disbelieve, under threat of punishment or other compulsion. True, unless he makes the declaration of belief, he cannot hold public office in Maryland, but he is not compelled to hold office.
Torcaso took the matter to the United States Supreme Court, where it was heard on April 24, 1961.
Read more about this topic: Torcaso V. Watkins
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