Also known as: religious tests · Religious Test Clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional prohibition barring any requirement of religious belief or affiliation as a qualification for holding office or public trust under the United States. The clause prevents governments from conditioning eligibility for public positions on declarations of faith or disbelief.
Rhea Reynolds applies for a federal judicial position in her state. State officials inform her that she must first affirm belief in a supreme being under a longstanding statute. Reynolds refuses and sues, arguing the condition violates federal limits on qualifications for national office. The court strikes down the requirement because it imposes an impermissible religious condition on eligibility.
Ronald Reed seeks a state notarial commission. The state constitution requires every applicant to declare belief in God. Reed refuses the declaration and is denied the commission. He sues, arguing the condition violates the federal prohibition on religious tests for public trust. The court invalidates the oath requirement.
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Ralph Richardson seeks reelection to Congress after serving multiple terms. A state constitutional amendment adds a requirement that candidates must swear they hold no religious objections to term limits. Richardson refuses the oath and is barred from the ballot. He sues, contending the added condition functions as a forbidden religious test for federal office. The court agrees and removes the requirement.
Rachel Ramirez applies for a state license to operate a child-care facility. Officials require her to affirm membership in a particular faith before processing the application. Ramirez refuses and is denied the license. She sues, arguing the condition imposes an unconstitutional religious test. The court strikes down the requirement.
Rajesh Rao applies for a municipal permit to distribute literature. City officials demand he submit a statement of religious belief before issuance. Rao refuses and is denied the permit. He challenges the condition as an unlawful religious test tied to public activity. The court invalidates the requirement.
Rowan Russell seeks a state license to distribute religious pamphlets door to door. Officials require him to prove his group qualifies as a recognized religion before issuing the permit. Russell declines to submit a creed statement and is denied. He sues, claiming the process imposes a prohibited religious test on public expression. The court rules the screening invalid.
The clause directly prohibits religious tests for any office or public trust under the United States. It therefore bars both the federal government and the states from imposing such tests on federal positions. State offices remain subject to separate state constitutional provisions and the Free Exercise Clause.
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No. Religious belief for constitutional purposes includes sincere convictions that do not recognize a supreme being. Governments may not condition public office on any declaration of belief or disbelief in religion.
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No. The Supreme Court has held that the religious-test prohibition, reinforced by the First Amendment, bars states from requiring any religious oath or declaration as a condition of state office.
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Yes. Any government requirement that an individual declare religious belief or disbelief to hold or exercise public authority violates the clause, whether the role is federal or state.
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…follows: "No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no religious test shall ever be required as a qualification to any office or public trust under any State. No public property, and no public revenue of, nor any loan of credit by or under the authority of,…