Asking Candadates About Their Religion

The Arizona Daily Star publishes profiles of the candidates for office in the state. One caught my eye. It was for Libertarian Mark Phelps. Part of the standard list of questions asks the candidates religion. Mr. Phelps answered, "Since the Constitution clearly states a separation of church and state, I believe this is an inappropriate question when running for elected office." Most people, when referencing "separation of church and state," are talking about the religion clauses of the First Amendment. Certainly Mr. Phelps is within his rights to not answer such a question, but this is not a First Amendment issue. The clause in question states that "Congress shall make no law respecting an establishment of religion..." Mr. Phelps is probably thinking of Article 6 of the Constitution, which says that "...no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

But this is not a "test" in the sense the Constitution meant. That "religious test" phrase comes immediately after the section requiring government members to state support for the Constitution:

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

So no religious oath will be required. But asking a candidate his religious preference is not requiring an oath. Nor is the candidate required to answer the question. Voters can use that as a measure of his qualifications or not as they choose.

Most of all I wish Mr. Phelps and other candidates for office knew enough about the Constitution to not misrepresent what it requires and what privileges is allows.

See also Article VI of the U.S. Constitution