The Candidate Without a Prayer

Herb Silverman

am a Philadelphia-born Jewish atheist who moved south illiteracy and innumeracy, not by requiring pledges and in 1976 to become a professor of mathematics at the prayers. College of Charleston. I had never run for public office. I presented myself as both anti-abortion and pro-choice. This is not the typical background of a I said that I favored sex education, birth control, prenatal gubernatorial candidate. What could propel me into a health care, day care, and support systems for women wishing campaign for the highest office in the state? In February 1990, to give birth—actions that would help diminish the need for a colleague pointed out a disturbing restriction in the South abortion. I believe the religious right creates more abortions Carolina constitution that said, "No person shall be eligible than it prevents by denying support for such programs. for the office of governor who denies the existence of the I opposed capital punishment. The biblical quotes Supreme Being." Since the U.S. Constitution prohibits "Vengeance is mine, saith the Lord" and "He who is without religious tests as qualification to any public office, I determined sin among you, cast the first stone" seem not to be considered to see how the offensive barrier could be removed. by fundamentalists who support capital punishment. What I looked to the American Civil Liberties Union for help. better argument for its abolition than that Jesus was executed Edmund Robinson, a local attorney who occasionally handled for a crime he did not commit? I proposed to significantly raise the tax on tobacco and cases for the state chapter of the ACLU, suggested that the to decriminalize all drugs. The additional tax revenue and best challenge to this insulting provision would be for a savings generated by reduced enforcement and prison-building nonbeliever to run for governor. He felt that the state attorney could be used for drug prevention and treatment programs, general might simply agree to bring South Carolina into as well as support for tobacco farmers wishing to convert compliance with federal law. With considerable reluctance and their crops from life-destroying to life-enhancing products. trepidation, I agreed to run. After all, wasn't the body supposed to be the "temple of God"? Robinson and I prepared our plan of attack: I would carry I hoped to institute a voluntary tax, a state lottery, with on a campaign so he could establish in court that I was a the proceeds going for education. This may be the only issue legitimate candidate. Our principal goal would be to change on which the majority of South Carolinians agreed with me, the constitution, but I also hoped to change the hearts and but the religious right had prevented a vote on such a sinful minds of fellow South Carolinians who viewed atheists as proposal. inherently immoral. They needed to recognize that discrim- My first act as governor would be to remove the ination against nonbelievers is as much a violation of civil Confederate flag from the state capitol. It is a symbol of racial rights as discrimination against different types of believers; intolerance and bigotry to most of the world. that the First Amendment guarantees freedom from religion as well as freedom of religion. I also intended to call attention o be placed on the ballot, I needed either 10,000 signatures to religious intrusion into public life. Tor the nomination of a party with ballot status. Beside My platform contrasted poor support for education with the Republican and Democratic parties, which I knew would the very well-supported national defense. It seems we attempt not consider me, the American, Libertarian, and United to preserve our way of life through military rather than Citizens parties qualified. educational endeavors, while we blame educational failures The American Party was formed to support George Wallace on removing God and patriotism from our schools. I would and stood for God, flag, and country. The Libertarian Party argue our country's strength can be maintained by killing was strong on civil liberties, but wanted to eliminate taxes altogether. UCP was an inactive, black-led civil rights group Herb Silverman is professor of mathematics at the College formed in the 1960s. Since my issue was one of civil rights, of Charleston and has published a book and numerous articles I decided to pursue it. on geometric function theory. He is a member of the Secular I spoke with party members in Charleston, who supported Humanists of Greenville. my right to run; however, their deeply held religious convictions made them uncomfortable about nominating an

40 FREE INQUIRY atheist. I then called in , the 1988 to be going as planned. George Orwell began his essay UCP presidential candidate. She had been on the ballot in "Shooting an Elephant" with, "It was the first time in my all fifty states and was currently running for governor of New life I was important enough to be hated by large groups of York. people." I understood how he felt. Fulani was enthusiastic about the possibility of revitalizing I was excited to receive my first invitation from a church the floundering UCP in South Carolina with a well-deserved (Unitarian) to give a public talk. I began with the observation constitutional victory. When she intervened on my behalf, of a talk-show host who thought that, as an atheist, I must the local members reluctantly agreed to nominate me. After feel free to commit rape, murder, and all kinds of atrocities. signing the forms attesting to my nomination, the five officers This was not an insult to atheists, I replied, but to believers. responsible then resigned from the party! It was not a ringing What kind of person behaves better than an animal only endorsement, but enough to get me on the ballot. Although because of fear of divine retribution? the local UCP gave me no party platform, and in fact no I said that it was offensive to imply that the people of party supporters, I still intended to campaign for civil rights South Carolina were incapable of deciding whether to vote just as the UCP had done in the past. for an otherwise qualified candidate who happened not to On April 11, the Charleston News & Courier printed an believe in a Supreme Being. I pointed out how unjust the article about my campaign. Others followed by the AP wire law was. Elected officials can believe that women are inferior service, USA Today, and a few other papers. I received several and should be subservient to men; that blacks are inferior and should be slaves; that Jews are inferior and should be "I hope for the day when atheists can come exterminated. A person with such abhorrent views would be more qualified to serve as governor of South Carolina than out of their closets without fear of reprisal, someone who believed in the value of dignity of all human when professing atheism is no longer con- beings but happened not to believe in a Supreme Being. sidered foolhardy and dangerous, when peo- My talk was well received. The only mildly combative comments dealt with the merits of agnosticism over atheism. ple are measured more by their treatment of I said I once considered myself an agnostic until I heard others than by their religious affiliations. Per- agnostic defined as a gutless atheist. In any case, as far as haps then we will all have true religious I knew, there had never been a war fought between atheists and agnostics. liberty." On May 15, the Election Commission made two rulings that would prove to be both legally and politically damaging. more requests for interviews and media appearances and began First, it decided not to challenge my eligibility for office unless to realize that atheist was a very sexy word. This had to I won the election. It would not disqualify me immediately be my fifteen minutes of fame. because I might become a believer during the campaign. On April 14 the News & Courier reported that James B. (Knowing I had no chance of winning, this was the best strategy Ellisor, executive director of the South Carolina Election to preserve the offensive constitutional provision.) The Commission, said, "There's no prohibition in the U.S. Election Commission had picked up on a story printed in Constitution against the state's having a qualification like this the Charleston News & Courier alleging irregularities in my for public office." He indicated that the Election Commission obtaining the nomination of the United Citizens Party. By would probably challenge my place on the ballot. This a vote of 3-2, the Commission asked the State Law delighted Robinson, who felt it would assure an easy victory Enforcement Division to investigate. in court. Governor Campbell added that the South Carolina On May 16, the News & Courier ran an uncomplimentary Constitution was just fine as it was because this nation was story about my so-called misdeeds under the banner headline founded on godly principles. "Panel Wants Silverman Inquiry." The Election Commission I told a reporter that I knew of no acknowledged atheists had not afforded me the opportunity to defend myself. I then holding public office anywhere in the country, but that I informed SLED of my willingness to cooperate and provide expected there were "closet atheists" in South Carolina as them with appropriate documentation. well as elsewhere. The South Carolina papers printed responses After hearing nothing for eight weeks, I again called SLED by legislators, along with their religious affiliations. Funda- and was told the investigation was nearly complete and that mentalist and Republican Representative Lenoir Sturkie called I would not be needed. A few days later, the Election it political maneuvering and a bunch of hogwash. Represen- Commission issued a report that irregularities had been found, tative Larry Martin, a Republican and a Southern Baptist, and I would not be allowed on the ballot as the UCP nominee. assured the citizenry that more than 90 percent of the state's One of the UCP officers had told SLED, perhaps because legislators were very active in their churches above and beyond he feared being linked with atheism, that he didn't understand their belief in God. what he was signing when I was nominated. Witnesses I could I was called a McCarthyite on the radio. I couldn't help have furnished, who would have proved otherwise, were not but laugh at the image of myself waving a slip of paper and contacted. I thought I had a legitimate grievance with the shouting, "I have here the names of fifty-seven card-carrying atheists!" My desire to foster religious tolerance seemed not (Continued on p. 45)

Fall 1992 41 (The Candidate, con: d from p. 41) I thought it ironic that the News & Courier had recently ended an editorial with, "If Mr. Silverman truly is trying to teach Election Commission, but Robinson felt that our case would tolerance rather than atheism, as he says, then he will think not be jeopardized if I campaigned as a write-in candidate. twice about legal challenges that needlessly consume taxpayer We would take the Election Commission to court charging dollars." In truth, the state was spending thousands to enforce that, before spending my time and money on a cam- an obviously unconstitutional provision. paign, I would need to know if I could serve if elected. The Judge David Norton, who had just been appointed to the ACLU would also claim a chilling effect on voters, who would U.S. District Court of South Carolina upon nomination by not want to waste their votes on a candidate ineligible to Senator Strom Thurmond, dismissed our case on grounds serve. that it was not ripe because I had little chance of winning. By the fall, interest in my campaign had slackened. First, In effect, he refused to rule on the constitutional issue unless the election was only a couple of months away and public I won the election. Robinson immediately filed for attention was focused on the real candidates—those who had reconsideration. a chance of being elected. Second, the Iraqi invasion of Kuwait I was very frustrated. Are "strict constructionist" judges had left even mainstream candidates grumbling about the lack those who preserve bad laws by shielding them in legal mazes? of media attention paid to their campaigns. Such roadblocks are more likely to hurt the poor, who have I found myself mainly preaching to the converted. I was neither the time nor financial resources for appeals. I can't invited to address peace, abortion rights, civil libertarian, and even imagine how disillusioned about the justice system I liberal student groups. But try as I might, I could not arrange would have felt were a decision on merits necessary in order speaking engagements at conservative churches or the two for me to maintain a livelihood, escape poverty, or stay out most conservative colleges in Charleston—Baptist College and of prison. The Citadel. Even my Jewish roots were of no help; the Meanwhile, I applied for another position I had no chance program chair at the Jewish Community Center felt my of getting, for the same reason I was pursuing the governorship. campaign was hurting Judaism. James Holderman, president of the University of South The College of Charleston administration was supportive Carolina, had resigned amid charges of financial mismanage- of my right to run but had heard from people who vowed ment. I discovered that the South Carolina Code of Laws to no longer contribute to an institution that employed an requires that the president of the USC "shall not be an atheist atheist. Though I would mention my affiliation with the college or infidel." I applied saying I was not sure if I am an infidel when appropriate, I gave the president written assurance that but that I am definitely an atheist. A form letter replied, saying I would not give the impression I had the political endorsement my application was being given the utmost consideration, of the college. followed by a rejection letter when the new president was I did not talk about my campaign in class. Students who chosen. spoke to me outside of class were supportive; those who The week before Election Day, I appeared in a statewide communicated anonymously were not. Notes were pinned to public television debate along with the other two gubernatorial my office door calling me the Antichrist, a Satanist, atheist challengers. However, as was the case with prior requests for shithead, etc. But most messages were neither profane nor joint appearances, Governor Campbell declined the invitation. profound. Finally, I displayed a sign inviting anyone wishing Senator Mitchell, the Democratic Party candidate, concluded to discuss these matters to see me personally. None who seemed with, "May God bless each and every one of you." I responded so concerned about saving my soul appeared. that I didn't think God would bless me, and then closed with At a "Meet the Candidates" night in Spartanburg, I had a quote from Eugene V. Debs: "It is better to vote for what an opportunity to meet the other gubernatorial candidates: you want and not get it, than to vote for what you don't Senator Mitchell, the Democratic Party candidate, and John want and get it." Peeples of the American Party. Governor Campbell sent a Though normally a shy person, I became increasingly more representative. Afterward, the audience had a chance to speak comfortable with speechmaking and repartee with audiences. with the candidates over refreshments. People kept their I learned to anticipate and prepare for the questions people distance from me until, as I was leaving, a man hurriedly would ask. Here are some of the most common ones, along whispered that he was a high-school principal and just wanted with my answers: to let me know how brave I was to say what I did. He then Question: "What do you think are your chances of win- quickly walked away. ning?" Answer: "I'm an atheist, not a fool." ur day in court came on October 5, a month before Question: "What would be the first thing you would do the election. The attorney general had refused to declare if elected?" unconstitutional the religious test for public office. Instead, Answer: "Demand a recount!" he sent three lawyers. We were challenged on four grounds: Question: "What would make you believe in God?" mootness (because I was denied nomination by a party); Answer: "Perhaps if I won the election." standing (that I was not a legitimate candidate); ripeness (there Question: "Why are you qualified to be governor?" was no reason to decide the case at the moment); and the Answer: "I'm not. According to our state and federal Eleventh Amendment (restrictions on suing state officials). constitutions, I'm qualified to be president of the United States

Fall 1992 45 but not governor of South Carolina." to medical school. I hope others can benefit from my organs Question: "Even if the law were changed, do you really and body when I no longer can." think an atheist would become governor?" On November 6, Election Day, Governor Campbell won Answer: "No! Not in the immediate future. But fifty years overwhelmingly, as expected. ago a black candidate would never have been seriously considered. I'm proud today that a major party has nominated t is not easy to vote for a write-in candidate in South an African-American. Our state constitution of 1778 ICarolina. I had to borrow a pencil from someone in line disqualified Senator Mitchell and anyone else who was not at the polling booth to vote for myself. What I did not expect a white Protestant." was such difficulty from my old friends at the Election Question: "When was the belief in a Supreme Being made Commission in determining the number of votes I received. a requirement?" To this day, I don't know. Some precincts never bothered Answer: "At the Constitutional Convention of 1868. One to report write-in votes; others lumped them together so that of the delegates worried that a future candidate might simply mine were indistinguishable from those for Mickey Mouse pretend to believe. He was told that this law was meant to and Bart Simpson. This procedure was of dubious legality, exclude from public office any man so depraved as to openly but I chose not to challenge it in court because it was not deny a belief in the Supreme Being. The head of the Election that important to me and I no longer harbored illusions about Commission recently said essentially the same thing when he the judicial system. indicated I would not have been questioned about my religious In our case for reconsideration, Robinson presented new beliefs had I kept quiet about them. In other words, I should information about other court rulings to Judge Norton, hoping have lied and deliberately violated the state constitution. So he would reverse himself. He refused, and Robinson appealed you see, religious tests don't guarantee that candidates believe, to the Fourth District U.S. Court, which subsequently affirmed only that they say they believe. I think we have enough the lower court ruling. Because of the danger of setting bad problems with ethics now from our political leaders without precedents, the ACLU is reluctant to appeal such cases to formally sanctioning such hypocrisy. Most politicians would the current U.S. Supreme Court, which has been repeatedly probably swear to a belief in the tooth fairy if it would help hostile to civil liberties. Instead, we are taking a different their election campaigns." approach. Question: "Have you raised much money in campaign South Carolina's constitution prohibits atheists from contributions?" holding any public office. While I could not win an election Answer: "I tell potential contributors to give to other for dogcatcher in South Carolina, I am trying to challenge worthwhile causes. I wish Governor Campbell had spent the unconstitutional provision by means of a nonelective public $200,000 for educational programs instead of slick television office. I now hope to fulfill my lifelong dream of becoming ads saying he supports education. A candidate can get a a notary public. So the legal battles continue. message across if the media do their jobs responsibly. Many people have asked why I wasted so much time on Packaging a candidate who has nothing to say can be very something so trivial. Citizens who don't bother to vote would expensive." be justifiably incensed if they were denied that right because Question: "Do you think it unethical to accept campaign of their religious beliefs. That is why I was so appalled to contributions?" find myself ineligible for an office. Any challenge to a law Answer: "Well, after one of my math exams, a student that gives credibility to religious intolerance and bigotry must handed in his paper with a sheepish grin and offered to not be viewed as frivolous. contribute to my campaign. Of course he was joking, but I did get to understand better what the Bible Belt is about. I believe most large contributors expect to encumber their I was surprised that so many people could not conceptualize recipients." what it means to not believe in God. I often heard comments Question: "Why do you hate Christians (or religion) so like, "I don't exactly know what an atheist is, but I know much?" it's something bad. Does it have to do with worshiping Satan?" Answer: "Some of my best friends are Christians! I think On the other hand, I was also surprised by how many people a belief in God, however unwarranted, has been a positive told me that they, too, didn't believe in God. Most didn't force in the lives of many people. I agree with the agnostic want it known for fear of alienating family, friends, neighbors, Voltaire, who said that God does a lot of good in the world— or employers. even if He doesn't exist." It really didn't require much courage for a tenured faculty "Question: Aren't you committing the sin of pride in member protected by academic freedom to take on such an thinking you don't need God?" unpopular cause. An acknowledged atheist who sold insurance Answer: "To me, the real sin of pride belongs to those for a living or who managed a bank would be in far more who believe they have the truth. If we abandon reason and jeopardy. I hope for the day when atheists can come out rely on absolute authority, what authority? The New Testa- of their closets without fear of reprisal, when professing ment? The Torah? The Koran? And whose interpretation?" atheism is no longer considered foolhardy and dangerous, Question: "What do you think will happen to you after when people are measured more by their treatment of others you die?" than by their religious affiliations. Perhaps then we will all Answer: "I know exactly what will happen to me: I'm going have true religious liberty. •

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