Hugo Black

“ 'The 'establishment of religion' clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. ”

“ There is, and can be, no dispute about the purpose or effect of the Maryland Declaration of Rights requirement before us-it sets up a religious test which was designed to and, if valid, does bar every person who refuses to declare a belief in God from holding a public 'office of profit or trust' in Maryland. The power and authority of the State of Maryland thus is put on the side of one particular sort of believers-those who are willing to say they believe in 'the existence of God.' It is true that there is much historical precedent for such laws. ”

“ True, unless he makes the declaration of belief he cannot hold public office in Maryland, but he is not compelled to hold office.'
The fact, however, that a person is not compelled to hold public office cannot possibly be an excuse for barring him from office by state-imposed criteria forbidden by the Constitution. ”