Raleigh, USA - Asheville City Councilman Cecil Bothwell believes in ending the death penalty, conserving water and reforming government -- but he doesn't believe in God. His political opponents say that's a sin that makes him unworthy of serving in office, and they've got the North Carolina Constitution on their side.
Bothwell's detractors are threatening to take the city to court for swearing him in, even though the state's antiquated requirement that officeholders believe in God is unenforceable because it violates the U.S. Consititution.
"The question of whether or not God exists is not particularly interesting to me and it's certainly not relevant to public office," the recently elected 59-year-old said.
Bothwell ran this fall on a platform that also included limiting the height of downtown buildings and saving trees in the city's core, views that appealed to voters in the liberal-leaning community at the foot of the Appalachian Mountains. When Bothwell was sworn into office Monday, he used an alternative oath that doesn't require officials to swear on a Bible or reference "Almighty God."
That has riled conservative activists, who cite a little-noticed quirk in North Carolina's Constitution that disqualifies officeholders "who shall deny the being of Almighty God." The provision was included when the document was drafted in 1868. One foe, H.K. Edgerton, is threatening to file a lawsuit in state court against the city to challenge Bothwell's appointment.
"My father was a Baptist minister. I'm a Christian man. I have problems with people who don't believe in God," said Edgerton, a former local NAACP president.
Bothwell can't be forced out of office over his atheist views because the North Carolina provision is unenforceable, according to the supremacy clause of the U.S. Constitution.
In 1961, the U.S. Supreme Court reaffirmed that federal law prohibits states from requiring any kind of religious test to serve in office.
But the federal protections don't necessarily spare atheist public officials from spending years defending themselves in court. .
Bothwell said a legal challenge to his appointment would be "fun," but believes his opponents' efforts have more to do with politics than their beliefs.