ernmental authority your Committee con-
cluded that an oath does have a proper
place in our constitution.
We felt that freedom was fragile, and
it should be handled with prayer. Your
Committee recommends the resolution for
favorable consideration.
THE CHAIRMAN: Are there any ques-
tions for purposes of clarification? Dele-
gate Sickles?
DELEGATE SICKLES: I wonder if the
Chairman of the Committee would explain
to the Committee who would be covered,
when it says, "every person elected or ap-
pointed to any office of profit or trust",
under the Constitution or laws of this
State; specifically I am concerned as to
whether this oath would be applied to
officeholders on the municipal level, county
level, and bi-county agency level.
DELEGATE BOYER: Delegate Sickles,
I do not think that the General Provisions
Committee really came to any concrete
conclusion in answer to your question. It
would be my thought, humbly, that this
would apply to any elected official, for an
office of profit or trust or appointed official
for such, on a statewide level. I probably
stand subject to correction, but this is just
my thought. I think this is the state con-
stitution. I think this would probably be
my second guess on it.
THE CHAIRMAN: Are there any fur-
ther questions for purposes of clarification?
Delegate Rybczynski?
DELEGATE RYBCZYNSKI: Mr.
Chairman, was there a time when the oath
contained a reference to the Deity?
DELEGATE BOYER: Not in our con-
sideration. We did not ever hold that per se.
DELEGATE RYBCZYNSKI: In the
history of the State, has the oath ever re-
ferred to the Deity?
DELEGATE BOYER: My recollection
on research is that Maryland's maiden con-
stitution was silent on this point. I am not
quite sure of what the 1864 Constitution
had. I do not know.
DELEGATE RYBCZYNSKI: If I may
continue, in the Commission Report, on
page 303, in section 6 there is no reference
to the Deity, and I was wondering if that
is because the Deity was never referred
to in the first place or because it has been
deleted by case law.
DELEGATE BOYER: Delegate Rybc-
zynski, I truly do not know the answer to |
it. I cannot say that it ever has or has not
been in any previous constitution. I see
Delegate Sickles rising. I wonder if he
could clarify it.
THE CHAIRMAN: Delegate Sickles?
DELEGATE SICKLES: It is my un-
derstanding the current Constitution re-
quires one who takes an oath must believe
in the existence of God, but as a result of
the Torcaso case this was held to be un-
constitutional. Somebody is shaking their
head.
THE CHAIRMAN: Delegate Hender-
son?
DELEGATE HENDERSON: I would
like to ask, right along the line that has
been suggested here, whether the Commit-
tee has the view that the non-believer, one
who does not believe in God, which was the
case in the Torcaso case, would be per-
mitted to assume office without taking this
oath?
DELEGATE BOYER: I have an an-
swer to that, but I am going to yield if 1
may, Mr. Chairman, to Delegate Blair, who
was the Chairman of this subcommittee.
DELEGATE BLAIR: Mr. Chairman, I
think that can best be answered by the
basis of the affirmation, substituted for the
oath. It has been construed by an opinion
of the attorney general that the affirmation
would substitute for the oath, and that a
belief in God would not be necessary.
The answer to the previous question on
Article 37 of the Declaration of Rights
would indicate that no religious test ought
ever to be required as a qualification for
any office or profit or trust in this State,
other than a declaration of belief in the
existence of God, nor shall the legislature
prescribe any other oath of office other
than the oath prescribed by this constitu-
tion.
That was declared unconstitutional un-
der the case that you tried, I think, Judge
Henderson.
DELEGATE HENDERSON: That was
overruled.
DELEGATE BLAIR: That was over-
ruled. That particular provision was de-
clared unconstitutional. That is the only
reference I have come across, with regard
to God being a part of the prescription
for oath. The Attorney General has ruled,
and I think it is an acknowledged concept,
that the United States Constitution, Arti-
cle VI, prescribes that affirmation shall be |
