Something to consider as we begin looking at the Texas Bill of Rights. Within the 4 sections regarding religious freedom is the Supreme Being Clause:
No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.
Despite not being enforced, it is still on the books and is potentially enforceable.
The Texas Tribune reports on a group that wants to change that arguing that interferes with the right of atheists to run for public office in the state:
There are different opinions about how much the clause affects candidates’ applications for state office. Mattox agreed on behalf of the state not to enforce it, but it has never been removed from the Texas Constitution.
Forms filed by candidates seeking election do not require them to confirm a belief in a higher power, nor does the Texas Election Code, said Republican Party of Texas spokesman Christopher Elam. Some party officials have never even encountered it before. “This is the first time I’ve heard of it,” said Rebecca Acuña, a spokeswoman for the Texas Democratic Party.
Randall “Buck” Wood, an Austin elections attorney, insists that such a law could never be enforced. “If it were, it would be declared unconstitutional. We’ve had so many statutes in the Texas Constitution declared unconstitutional, but they’re still there. As long as nobody’s being injured by these, nobody brings a lawsuit, and they just sit there.”
