| Silverman v. Campbell, et al. | |
| Court: | South Carolina Supreme Court |
| Full Name: | Herb Silverman v. Carol A. Campbell, et al. |
| Date Decided: | May 27, 1997 1997 |
| Citations: | 326 S.C. 208 (1997)486 S.E.2d 1 https://scholar.google.com/scholar_case?case=10471319874601140991&hl=en&as_sdt=2&as_vis=1&oi=scholarr |
| Concurring: | Toal, Moore, Waller, Burnett |
| Holding: | The Court held that the Constitution of South Carolina articles requiring belief in a supreme being to be in violation of the First Amendment and the No Religious Test Clause of the U. S. Constitution[1] |
| Laws Applied: | Article VI, section 3 of the U.S. Constitution |
| Arguedate: | October 3, 1996 |
| Argueyear: | 1996 |
| Chiefjudge: | Ernest A. Finney, Jr.[2] |
| Associatejudges: | Jean Toal, James E. Moore, John H. Waller, E. C. Burnett, III |
| Majority: | Finney |
Silverman v. Campbell was a South Carolina Supreme Court case regarding the constitutionality of a provision in the South Carolina Constitution requiring an oath to God for employment in the public sector.
In 1992, Herb Silverman was a mathematics professor at the College of Charleston who applied to become a notary public. Silverman had earlier run for the post of Governor of South Carolina. Silverman declared himself an Atheist but also joined a Unitarian Church.[3] [4] His application was rejected after he crossed off the phrase "So help me God"[5] from the oath, which was required by the South Carolina State Constitution.[6] Silverman filed a lawsuit naming Governor Carroll Campbell and Secretary of State Jim Miles as defendants.[7] After a lower court made a ruling in favor of Silverman, the state appealed to the Supreme Court contending that the case was not about religion.[8]
The South Carolina Supreme Court, in a unanimous decision, ruled that Article VI, section 2 and Article XVII, section 4 of the South Carolina Constitution - both of which state, "No person who denies the existence of a Supreme Being shall hold any office under this Constitution" - could not be enforced because they violated the First Amendment protection of free exercise of religion and the Article VI, section 3 of the United States Constitution banning the use of a religious test for public office.[9] Current precedent holds that these provisions are binding on the states under the 14th Amendment.