It is well known that since the founding of the U.S. each state has been given great latitude in developing their own criteria for individuals elected to various positions within their own state as well as securing freedom of religion for all. What is less well known is that during the founding years of the United States it was common for individual states to hold ministers of the Gospel in high regard and even to employ a religious test for individuals seeking electe positions within the state as stated in their respective constitutions. Most of these state constitutions were adopted after the Declaration of Independence of July 4, 1776 and before the adoption of the present U.S. Constitution on September 17, 1787 (Alabama's constitution was adopted in 1816). However, it must be remembered that each of these state constitutions endured years following the adoption of the U.S. Constitution. The Avalon Project by Yale Law School and the National Humanities Institute have placed many of these state constitutions online for easy viewing.
Below are some of the religious references found in the various state constitutions in early American history. The point of these state constitutions is both plain and very much unheard of today: God and government go together. The issue of Separation of Church and State is properly characterized as the government staying out of religious affairs (as long as religious activities do not hurt or obstuct others or the government) while, at the same time, not excluding religion from governmental affairs. In fact, not only did religion in general play a strong role in our nation's government (both state and federal), the Christian faith itself played the key religious role as seen by these following historical facts. Click the link on the relevant constitution to see the full text.
Constitution of Alabama December 6, 1819
Acticle VI. Section 1: "I solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and Constitution of the State of Alabama, so long as I continue a citizen thereof, and that I will faithfully discharge, to the best of my abilities, the duties of -------- according to law: so help me God."
Section 7 states, "...no religious test shall ever be required as a qualification to any office or public trust under this state." If such a test were precluded by the U.S. Constitution for the states then no such statement would be warranted. However, since the U.S. Constitution is silent on the matter of religious tests for states Alabama placed this statement in the constitution.
Constitution of Delaware (September 21, 1776)
"'I, A B. do profess faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost, one God, blessed for evermore; and I do acknowledge the holy scriptures of the Old and New Testament to be given by divine inspiration.' And all officers shall also take an oath of office." (Article 22).
Constitution of Georgia (February 5, 1777)
While not a religious test per se, four times oaths are concluded with the phrase "...so help me God." This is definitely religious in nature as opposed to a secular state some seek to establish.
Constitution of Maryland (November 11, 1776)
"LV. That every person, appointed to any office of profit or trust, shall, before he enters on the execution thereof, take the following oath; to wit :–'I, A. B., do swear, that I do not hold myself bound in allegiance to the King of Great Britain, and that I will be faithful, and bear true allegiance to the State of Maryland;' and shall also subscribe a declaration of his belief in the Christian religion."
Constitution of New Hampshire (January 5, 1776)
Silent on the issue. However, silence is not an objection to an issue as many seem to think regarding the U.S. Constitution.
Constitution of New Jersey (July 2, 1776)
Silent on the issue. However, silence is not an objection to an issue as many seem to think regarding the U.S. Constitution
Constitution of New York (April 20, 1777)
This constitution expressly embraced the religious tone of the Declaration of Independence by employing the following phrases: "nature's God", "endowed by their Creator with certain unailienable rights", appeal to the "Supreme Judge for the rectitude of our intentions" and "the Protection of Divine Providence."
Ministers of the Gospel denied the opportunity to serve in any state or military position. While this may sound like a negative it is far from that. In fact, due to the respect for and consideration of such a high calling that ministers were denied political and military roles in this state.
"XXXIX. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their function; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any presence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this State."
Constitution of North Carolina (December 18, 1776)
"XXXII. That no person, who shall deny the being of God or the truth of the Protestant religion, or the divine authority either of the Old or New Testaments, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office or place of trust or profit in the civil department within this State."
Constitution of Pennsylvania (September 28, 1776)
Opening line acknowledges, " the Author of existence."
Section 10 includes the following oath: "And each member [of the House of Representatives], before he takes his seat, shall make and subscribe the following declaration, viz: I do believe in one God, the creator and governor of the universe, the rewarder of the good and the punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration. And no further or other religious test shall ever hereafter be required of any civil officer or magistrate in this State."
Constitution of South Carolina, this state had an early Constitution (March 26, 1776) replaced by another a short time later (March 19, 1778).
March 26, 1776 Constitution: this version guarentees freedom of religion as expected but not the high praise for ministers of the Gospel like the second version contains.
March 19, 1778 Constitution: this version held ministers of the Gospel in high regard as indicated by the following:
"XXI. And whereas the ministers of the gospel are by their profession dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function, therefore no minister of the gospel or public preacher of any religious persuasion, while he continues in the exercise of his pastoral function, and for two years after, shall be eligible either as governor, lieutenant-governor, a member of the senate, house of representatives, or privy council in this State."
Constitution of Vermont, this state also has two early versions of their constitution (July 8, 1777 and July 4, 1786)
July 8, 1777:
Acknowledges "the Author of existence" (God).
"Section VI I _____ solemnly swear, by the ever living God, (or affirm, in the presence of Almighty God,) that whenever I am called to give any vote or suffrage, touching any matter that concerns the State of Vermont, I will do it so, as in arty conscience, I shall judge will roost conduce to the best good of the same, as established by the constitution, without fear or favor of any man."
"Section IX I ____ do solemnly swear, by the ever living God, (or, I do solemnly affirm in the presence of Almighty God) that as a member of this assembly..."
Section IX continues: "I ____ do believe in one God, the Creator and Governor of the Diverse, the rewarder of the good and punisher of the wicked. And I do acknowledge the scriptures of the old and new testament to be given by divine inspiration, and own and profess the protestant religion.'And no further or other religious test shall ever, hereafter, be required of any civil officer or magistrate in this State."
"Section XXXVI...I ____ do solemnly swear by the ever living God, (or affirm in presence of Almighty God,) that I will be true and faithful to the State of Vermont;"
Section XXXVI continues: "I _____ do solemnly swear by the ever living God, (or affirm in presence of Almighty God) that I will faithfully..."
July 4, 1786:
Acknowledges everyone's right to freedom of religion (this would be a great place to state from "from" religion in a state if that was their intent but they do not do so).
Acknowledges "the Author of existence" (God).
Chapter I Section III notes "Nevertheless, every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God." A religious recommendation (though not a mandate) from the state.
Chapter II contains the following oath for state representatives:
"XII...'You do believe in one God, the Creator and Governor of the Universe, the rewarder of the good, and punisher of the wicked. And you do acknowledge the scriptures of the Old and New Testament to be given by divine inspiration; and own and profess the Protestant religion.' And no further or other religious test shall ever hereafter be required of any civil officer or magistrate, in this State."
Concludes two other oaths with "So help you God."
Constitution of Virginia June 29, 1776
Acknowledges the freedom of religion for all people then goes on to add, "Sec. 16...that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other."
Clearly, God (religion) was allowed to be a part of government (here at the state level). These state constitutions were not abolished by the revised U.S. Constitution (adopted in September 17, 1787). The present view regarding separation of church and state is far from historically accurate. God rightly played a strong role in our state governments. |