Re: The Rutherford Institute
From: Joel Whitehead - joelw@rutherford.org
Date: Thu, Jan 14, 2010
Dear Mr. Edgerton:
Thank you for contacting The Rutherford Institute. I write today in reply to the message you sent on January 8.
After reviewing the information you provided and conferring with an attorney in our office, we must decline offering legal assistance in this matter. The government-employed attorneys you met with are correct in stating that federal law would overrule the state law on this subject of Mr. Cecil Bothwell’s public office despite his belief in atheism. Removing an elected official from office based upon the person being an atheist would surely spur legal action against the enacting governmental body and any court battle would ultimately be a losing one.
The section of the North Carolina State Constitution you mentioned, which disqualifies any person from office who denies “the being of Almighty God,” would more than likely be construed as government endorsement of religion, and would therefore be unconstitutional as it relates to the U.S. Constitution.
I can understand the point you are trying to make that under the North Carolina State Constitution due course has not been followed, but in the court system Mr. Cecil Bothwell would have his place in public office affirmed.
Sincerely,
Joel Whitehead
The Rutherford Institute
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Reference: http://www.southernheritage411.com/emails.php?em=945
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