| Precedent Setting Notary Passes |
 |
 |
 |
| Written by William Ponsot |
| Sunday, 26 August 2007 00:17 |
|
The Maryland man whose quest to become a notary public turned into a
Supreme Court case died on June 9, 2007, 46 years after the court
validated his refusal to take a state oath requiring him to declare a
belief in God. Roy Torcaso, an avowed atheist, worked for a Bethesda,
Md. construction company as a bookkeeper in 1959. His boss asked him to become a notary public.Torcaso’s legal
battles began when he refused to swear to a state oath before
Montgomery County Circuit Court Clerk Clayton Watkins professing the
existence of God. The state disqualified him and barred his notary
commission. At the time, Torcaso said the issue was not whether he
believed in a Supreme Being but "whether the state has a right to
inquire into my beliefs." The Maryland courts upheld the state
constitution on the basis that Torcaso had not been forced to become a
notary public.
The Maryland man whose quest to become a notary public turned into a
Supreme Court case died on June 9, 2007, 46 years after the court
validated his refusal to take a state oath requiring him to declare a
belief in God. Roy Torcaso, an avowed atheist, worked for a Bethesda,
Md. construction company as a bookkeeper in 1959. His boss asked him to become a notary public.Torcaso’s legal
battles began when he refused to swear to a state oath before
Montgomery County Circuit Court Clerk Clayton Watkins professing the
existence of God. The state disqualified him and barred his notary
commission. At the time, Torcaso said the issue was not whether he
believed in a Supreme Being but "whether the state has a right to
inquire into my beliefs." The Maryland courts upheld the state
constitution on the basis that Torcaso had not been forced to become a
notary public.
The Maryland Court of Appeals said "“unless (the petitioner Torcaso) makes the declaration of belief he cannot hold public office in Maryland…"Torcaso then asked the U.S. Supreme Court to find the state constitutional requirement in violation of Article VI of the U.S. Constitution,"no religious test shall ever be required as a qualification to any office or public trust under the United States. "On April 24, 1961, the case was argued before the Supreme Court justices who unanimously ruled in favor of Torcaso on June 19. Justice Hugo Black delivered the opinion saying the state’s oath of office requirement violated the U.S. Constitution. State and federal governments cannot "constitutionally force a person to profess a belief or disbelief in any religion," Black wrote in the decision. Two months after the Supreme Court decision, Torcaso became a notary public after swearing to uphold the laws of the state and the U.S. Constitution. There was no mention of religious belief. After the Torcaso case, Maryland law changed. Legislators approved a constitutional amendment in 1964 designating notaries public as officers of the state. According to the "Handbook of Maryland Notaries Public," notaries are "held to the same high standards of public trust as other appointed and elected state officials," and unlike other state officers, may hold another public office. Since then, notaries have administered oaths and affirmations, both of which are solemn statements of truth made under penalty of perjury. An oath is an appeal to God as evidence of the seriousness of the action and words, while an affirmation eliminates references to religion. Torcaso, 96, died of complications of prostate cancer at a Silver Spring, Md. assisted-living facility. |
| Last Updated on Wednesday, 10 October 2007 11:51 |