Religion

The Constitution also refers to religion in Article VI, Clause 3, which provides, "No religious test shall ever be required as a qualification to any office or public trust under the United States." The provision is binding only on the federal government.

In early American history, individual states commonly required religious oaths for public officers. But after the Revolutionary War, most of these religious tests were eliminated. As of 2003, the individual states, through their constitutions or statutes, have restrictions similar to that of the U.S. Constitution on imposing a religious oath as a condition to holding a government position.

Freedom to express religious beliefs is entwined with the First Amendment guarantee of freedom of expression. The federal or state governments cannot require an individual to declare a belief in the existence of God as a qualification for holding office (Torcaso v. Watkins, 367 U.S. 488, 81 S. Ct. 1680, 6 L. Ed. 2d 982 [1961]).

Congress took an unprecedented step when it passed the International Religious Freedom Act of 1998. (Pub. L.105-292, 112 Stat. 2787). The law seeks to promote religious freedom worldwide. It created a special representative to the SECRETARY OF STATE for international religious freedom. This representative serves on a U.S. Commission on International Religious Freedom, an advisory organization. The act gives the president authority to take diplomatic and other appropriate action with respect to any country that engages in or tolerates violations of religious freedom. In extreme circumstances, the president is empowered to impose economic sanctions on countries that systematically deny religious freedom.