torcaso watkins argued april decided june appellant appointed governor maryland office notary public denied commission declare belief god required maryland constitution claiming requirement violated rights first fourteenth amendments sued state compel issuance commission relief denied state appeals affirmed holding state constitutional provision without need implementing legislation requires declaration belief god qualification office held maryland test public office enforced appellant unconstitutionally invades freedom belief religion guaranteed first amendment protected fourteenth amendment infringement pp md reversed leo pfeffer lawrence speiser argued cause appellant briefs joseph sickles carlton sickles bruce goldberg rowland watts george kaufmann thomas finan attorney general maryland joseph kaufman deputy attorney general argued cause filed brief appellee ferdinand sybert former attorney general maryland stedman prescott former deputy attorney general appeared kaufman motion dismiss affirm briefs amici curiae urging reversal filed herbert wolff leo rosen american ethical union herbert ehrmann lawrence peirez isaac mcnatt abraham blumberg arnold forster paul hartman theodore leskes edwin lukas sol rabkin american jewish committee et al justice black delivered opinion article declaration rights maryland constitution provides religious test ever required qualification office profit trust state declaration belief existence god dispute purpose effect maryland declaration rights requirement us sets religious test designed valid bar every person refuses declare belief god holding public office profit trust maryland power authority state maryland thus put side one particular sort believers willing say believe existence god true much historical precedent laws indeed largely escape religious test oaths declarations great many early colonists left europe came hoping worship way soon developed however many fled escape religious test oaths turned perfectly willing power force dissenters faith take test oaths conformity faith brought host laws new colonies imposing burdens disabilities various kinds upon varied beliefs depending largely upon group happened politically strong enough legislate favor beliefs effect formal practical establishment particular religious faiths colonies consequent burdens imposed free exercise faiths nonfavored believers however wise men colonies many mention spoke test oaths philosophy intolerance behind one happens george calvert first lord baltimore took important part original establishment colony maryland catholic reason felt compelled conscience refuse take oath supremacy england cost resigning high governmental office refused take oath demanded council colony virginia result denied settlement colony recent historian early period maryland life said calvert hope purpose establish maryland colonial government free religious persecutions known one securely beyond reach oaths constitution adopted desire put people securely beyond reach religious test oaths brought inclusion article vi document provision religious test shall ever required qualification office public trust article vi supports accuracy observation girouard test oath abhorrent tradition satisfied however article vi guarantees original constitution first congress proposed shortly thereafter adopted bill rights including first amendment amendment broke new constitutional ground protection sought afford freedom religion speech press petition assembly since prior cases thoroughly explored documented history behind first amendment reasons scope religious freedom protects need cover ground said prior cases think controls decision cantwell connecticut said first amendment declares congress shall make law respecting establishment religion prohibiting free exercise thereof fourteenth amendment rendered legislatures incompetent congress enact laws thus amendment embraces two concepts freedom believe freedom act first absolute nature things second establishment religion clause first amendment means least neither state federal government set church neither pass laws aid one religion aid religions prefer one religion another neither force influence person go remain away church force profess belief disbelief religion person punished entertaining professing religious beliefs disbeliefs church attendance tax amount large small levied support religious activities institutions whatever may called whatever form may adopt teach practice religion neither state federal government openly secretly participate affairs religious organizations groups vice versa words jefferson clause establishment religion law intended erect wall separation church state agreed first fourteenth amendments secular reach far penetrating conduct government merely forbid established renew conviction staked existence country faith complete separation state religion best state best religion repeat reaffirm neither state federal government constitutionally force person profess belief disbelief religion neither constitutionally pass laws impose requirements aid religions neither aid religions based belief existence god religions founded different beliefs upholding state religious test public office highest maryland said petitioner compelled believe disbelieve threat punishment compulsion true unless makes declaration belief hold public office maryland compelled hold office maryland religious test public office unconstitutionally invades appellant freedom belief religion therefore enforced judgment appeals maryland accordingly reversed cause remanded proceedings inconsistent opinion reversed remanded footnotes md appellant alternative contention test violates maryland constitution also rejected state courts see stokes church state see also cases cited note infra letter virginia council king privy council quoted hanley rights liberties newman press follows according instructions lordship usual course held place tendered oaths supremacy allegiance lordship baltimore followers making profession romish religion utterly refused take lordship offered take oath copy whereof included imagine much latitude left us decline prescribed form strictly exacted well justified defended pen late sovereign lord king james happy memory among many blessings favors bound bless god none whereby hath made happy freedom religion papists suffered settle abode amongst us hanley op supra congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances see opinions also concurring dissenting opinions reynolds davis beason cantwell connecticut west virginia state bd education barnette fowler rhode island everson board education illinois ex rel mccollum board education mcgowan maryland later zorach clauson justice frankfurter stated dissent result mccollum case based principles received unanimous acceptance barring single vote one famous letters landholder published december oliver ellsworth member federal constitutional convention later chief justice included among strong arguments religious test oaths following statement short utterly ineffectual security men loose principles external compliance evade exclude persons honest men men principle rather suffer injury act contrary dictates consciences quoted ford essays constitution see also elliot debates several state conventions adoption federal constitution discussing article vi debate north carolina convention adoption federal constitution james iredell later justice said objected people america may perhaps choose representatives religion pagans mahometans may admitted offices possible exclude set men without taking away principle religious freedom warmly contend among religions country teach generally considered belief existence god buddhism taoism ethical culture secular humanism others see washington ethical society district columbia app fellowship humanity county alameda cal app ii encyclopaedia social sciences encyclopaedia britannica ed archer faiths men live ed revised purinton world almanac year book american churches quoting public workers mitchell