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Roy R. Torcaso died Saturday, June 9 at the Himalayan Elderly Care assisted living home in Silver Spring, Maryland. Torcaso, an athiest, was working for a construction company in 1959 when his boss encouraged him to become a notary public. At the courthouse, Torcaso refused to take the state oath given to notaries, part of which included professing the existence of God. He was disqualified and the state barred his commission. In the case of Torcaso vs. Watkins, the U.S. Supreme Court ruled unanimously in Torcaso's favor, declaring the Maryland test for public office unconstitutionally invaded one's freedom of belief and religion guaranteed by the First Amendment and protected by the Fourth Amendment. In a quote from a recent Washington Post obituary, Torcaso stated at the time, "The point at issue is not whether I believe in a Supreme Being, but whether the state has a right to inquire into my beliefs." Torcaso was 96.
Sources: about.com, Washington Post, supremecourtus.gov, law.cornell.edu
Posted by Corey Anderson at July 5, 2007 2:03 PM
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