Religious Tests to Hold Public Office

In Torcaso v. Watkins, 367 U.S. 488 (1961) - Court holds that the state of Maryland can not require applicants for public office to swear that they believed in the existence of God. The court unanimously rules that a religious test violates the Establishment Clause. In McDaniel v. Paty, 435 U.S. 618 (1978) - Court majority rules that ministers may serve in legislatures and hold public office. The state of Tennessee and seven other states had provisions prohibiting clergymen from serving in the legislatures.