HJR 1009 Arkansas Constitution

[ProudAtheist]

A few days ago, House Joint Resolution 1009, submitted by Representative Carroll, died in committe.
The purpose of this HJR was to amend the Arkansas Constitution by removing the restriction for
Atheists against holding public office or serving on juries. This blatent, ancient bigotry clearly does
not belong in a modern civilized society's law. Rep Carroll told me that it died because it was not being
enforced and because no one has yet demonstrated harm.

The fact that the law still exists says something about Arkansas. Whether or not its enforced is
not the point...it gives believers leverage and clearly interlards religious belief with goverment
support, similar to the diety references on our currency.

I have an idea. To show harm, if an Atheist received a jury summons and refused to serve because the
Arkansas Constitution forbids it, then they get penalized for not serving, that would show harm as a direct
result of the current Constituional law. I would jump on this in a second if I got a jury summons,
but after moving here over two years ago, I have never been served (yes I am a registered voter).

What do you think of this idea? If you don't think it would work, what else do you suggest as a specific
action we can take to change the Arkansas Constitution?

Gary Berger
Bentonville

[Dardedar]

DAR
I think that is a good idea Gary. It could be made an issue if a person is called upon to testify in court for any reason I suppose. It would just take a person with the stones to stand up and be a lightening rod for the issue if it became a bit of a media circus (which it probably wouldn't because the law is so dumb).

It's bizarre that "because the law is not enforced" would be a reason not to change the (clearly unconstitutional) law. People are told to "obey the law" yet, the government say in this instance, not only are they not going to obey the law, they won't even change the law so as to be in compliance with the law (US constitution).

D.

[L.Wood]

.

The justice of what Gary proposes is undisputed. However, before one goes up against such an ornery law and its supporters I suggest
gaining as much legal support as possible. It's possible the ACLU of Arkansas would help plead and/or plan your course of action.

If you go to state legislators web sites almost invariably their respective religions-churches are stated. One blogger friend in Little Rock suggested that if a white bread leggie or churchite asks what church you attend tell them you're 'home-churched.'
I have no idea if this listing of church membership is a violation but it is state supported.

You may access a copy of the Constitution of the State of Arkansas here.
.

[Doug]

The Arkansas law does not say that atheists can't serve on juries. It says they can't testify in court or hold public office.

[Dardedar]

It's possible the ACLU of Arkansas would help plead and/or plan your course of action.

DAR
It's possible. It's my understanding though, that to conserve resources, they prefer to let you take your case to court and if you some how you don't win (this should be a cakewalk, it's clearly unconstitutional) THEN they step in and bring it home.

My sister in law is a lawyer and she says it would be much preferable for this stupid situation to be fixed on the legislative side. It's really a waste of the courts time to be messing with this nonsense. Would the state even fight it? Fact is, it may take a person standing up and fighting it to get the legislature to take action. Dumb.

D.

[Doug]

My sister in law is a lawyer and she says it would be much preferable for this stupid situation to be fixed on the legislative side. It's really a waste of the courts time to be messing with this nonsense. Would the state even fight it? Fact is, it may take a person standing up and fighting it to get the legislature to take action. Dumb.

DOUG
In addition, unless the law (article 19, section 1 of the Arkansas constitution) is enforced, you have no case for fighting it in court. You wouldn't have standing.