367 U.S. 488 (1961)
The Declaration of Rights of the Maryland Constitution contains Article 37, which states that no religious test ought ever to be required as a qualification for any office of profit or trust in the State, other than a declaration of belief in the existence of God.1
The Governor of Maryland appointed Torcaso to the office of Notary Public.2 Torcaso was refused a commission to serve in that capacity because he would not declare his belief in God.3
Torcaso brought this action in a Maryland Circuit Court to compel issuance of his commission.4 He charged that the State’s requirement that he declare this belief violated the First and Fourteenth Amendments to the Constitution of the United States.5
The Circuit Court rejected these federal constitutional contentions.6 The Court of Appeals of Maryland affirmed the Circuit Court's judgment, holding that the state constitutional provision is self-executing and requires declaration of belief in God as a qualification for office without need for implementing legislation.7
The case reached the Supreme Court of the United States on appeal under 28 U.S.C. § 1257(2).8
Whether Article 37 of the Maryland Declaration of Rights, which requires a declaration of belief in the existence of God as a qualification for public office, violates the First and Fourteenth Amendments?9
The First Amendment, applied to the states through the Fourteenth Amendment, prohibits any law respecting an establishment of religion or prohibiting the free exercise thereof.10 This includes the principle that neither a state nor the federal government can force a person to profess a belief or disbelief in any religion or pass laws which aid one religion, aid all religions, or prefer one religion over another.11 The Amendment protects freedom to believe, which is absolute, and the historical rejection of religious test oaths confirms that states cannot limit public offices to persons who profess a belief in God.12
Yes. Article 37 requires a declaration of belief in the existence of God as a qualification for public office such as notary public.13 Torcaso was appointed by the Governor but refused a commission solely because he would not make that declaration.14 The requirement forces a person to profess a belief in religion and aids religions based on belief in God against non-believers and other faiths.15
The state courts upheld the provision as self-executing, yet the First and Fourteenth Amendments render states incompetent to impose such religious tests.16 The absence of compulsion to hold office does not excuse the state's use of forbidden criteria for qualification.17
The religious test for public office unconstitutionally invades freedom of belief and religion and cannot be enforced, so the judgment of the Court of Appeals of Maryland is reversed.18