Also known as:Article VI Clause 3 · no religious test
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional prohibition barring the federal government from requiring any religious test as a qualification for holding office or public trust under the United States.
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How it applies
Common Examples
6
Federal Judicial Applicant Challenge
Rowan Russell seeks appointment as a federal magistrate. A screening panel demands that Russell affirm belief in a deity before proceeding. The requirement violates the clause because no religious test may be imposed for any federal office or public trust.
State Official Religious Oath
Ronald Reed runs for a federal administrative post. State law conditions eligibility on swearing adherence to a specific religious doctrine. The clause nullifies the condition for the federal position and allows Reed to proceed without the oath.
Notary Commission Requirement
Ravi Reddy applies for a federal notary commission. The application form asks for a declaration of Christian faith. The clause forbids the inquiry and the commission must issue without regard to Reddy's beliefs.
Raphael Rivera seeks a federal agency leadership role. An internal policy requires candidates to disclose religious affiliation. The clause renders the policy unenforceable for the federal post.
Congressional Staff Position
Rachel Ramirez applies for a congressional staff position. The hiring office requires a statement of religious orthodoxy. The clause prohibits the demand and protects Ramirez's eligibility.
Executive Branch Appointment
Raymond Ramos seeks a presidential appointment to a federal board. A background questionnaire inquires into religious practices. The clause bars the inquiry and the appointment process must continue without it.
Common questions
Frequently Asked
3
Does the Religious Test Clause apply to state offices?+
The clause applies only to federal offices and public trusts. State and local offices are covered instead by the incorporated First Amendment Religion Clauses.
Supporting sources
What conduct does the clause prohibit?+
It prohibits any requirement that a person affirm belief in God or in particular religious doctrines as a condition of federal office or public trust.
Supporting sources
How does the clause interact with the First Amendment?+
The clause supplies an express textual bar on religious tests for federal positions while the Religion Clauses extend similar protection against state action through incorporation.
Supporting sources
330 U.S. 1, 12 (1947)Constitutional Law
…as follows: "No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no religious test shall ever be required as a qualification to any office or public trust under any State. No public property, and no public revenue of, nor any loan of credit by or under the authority of,…