Torcaso v. Watkins (1960)
- Docket
- 373
- Decided
- 1960-01-01
- Category
- General
Summary
Question: Does a state requirement that a candidate for public office profess a belief in God in order to be eligible violate the First Amendment protection of the freedom of religion? Conclusion: Yes. Justice Hugo L. Black delivered the unanimous opinion. The Court held that such a requirement places the state of Maryland firmly on the side of those people who believe in God and are willing to state their belief. With this requirement, Maryland effectively aids religions that profess a belief in God at the expense of any other form of belief or disbelief. The First Amendment expressly prohibits a state from taking this position. Although the candidate has the option of not pursuing public office rather than declaring a belief in God, the test is an unconstitutional encroachment on the freedom of religion. Justice Felix Frankfurter and Justice John M. Harlan concurred in the result.