TEXAS, USA — Don’t believe in a “Supreme Being?” According to an unenforceable provision in the Texas Constitution, you shouldn't be able to hold public office.
Texas is one of seven states that has a provision in its constitution barring atheists from holding public office.
That provision, however, is overruled by the U.S. Constitution and has never actually been enforced.
Article 1, Section 4 of the Texas Constitution states, "No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall anyone be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."
Basically, it says there are no religious requirements to hold public office in Texas, except acknowledging a "Supreme Being."
But the U.S. Constitution's "No Religious Test Clause," makes it clear that restrictions like the one in Texas are unconstitutional.
The language of the provision was challenged by a Texas voter in the mid-80s – but instead of striking the language, the voter and then-Attorney General Jim Mattox signed an agreement in federal court saying that line was “void” because of the U.S. Constitution.
The issue came back up in 2014 when a candidate running for the Austin City Council distributed a mailer claiming her opponent was an atheist and therefore legally barred from holding public office in the state.
So, while the requirement can't be enforced, it's still on the books because it's never been legally challenged by a candidate and because no candidate has been denied the opportunity to serve because of it.