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Torcaso v. Watkins

United States Supreme Court

367 U.S. 488 (1961)

Relevant factsFree

Maryland's constitution barred denial of a public position based on religious belief but required affirming a belief in God's existence, and Torcaso (plaintiff) was denied a notary-public commission for refusing to make that affirmation; the Maryland courts upheld the requirement, reasoning Torcaso was not compelled to hold public office at all.

IssueFree

Whether, under the First Amendment, a state may use a religious test as a qualification for a public position.

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