Atheist barred from office in North Carolina?

(By Ed Morrissey, Hot Air) - A strange story surrounding a North Carolina city council election has suddenly become national news. Cecil Bothwell won his election fairly, a fact no one disputes. However, the former head of the Asheville NAACP has attempted to block Bothwell’s seating by pointing out an obscure clause in North Carolina’s state constitution that bars atheists from holding public office. The dispute will likely have to be settled in federal court:

“I’m not saying that Cecil Bothwell is not a good man, but if he’s an atheist, he’s not eligible to serve in public office, according to the state constitution,” said H.K. Edgerton, a former Asheville NAACP president.

Article 6, section 8 of the state constitution says: “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”

Rights enshrined in the U.S. Constitution trump the restriction in the state constitution, said Bob Orr, executive director of the N.C. Institute for Constitutional Law.

“I think there’s any number of federal cases that would view this as an imposition of a religious qualification and violate separation of church and state,” said Orr, a former state Supreme Court justice.

Some confusion over Bothwell’s actual status has arisen since then. Bothwell doesn’t like the term “atheist,” preferring “post-theist” instead. He lists himself as an atheist on his Myspace page. Bothwell also denied the specific charge of “deny[ing] the being of Almighty God,” saying that the question is irrelevant for his public office.