North Carolina’s Constitution says that citizens are not eligible for elected public office if they “deny the being of Almighty God.” Six other states have similar provisions in their Constitutions: Arkansas, Maryland, Pennsylvania, South Carolina, Tennessee, and Texas.
Recently, Asheville, North Carolina, elected Cecil Bothwell to the city council. He considers himself an atheist. Local activist H. K. Edgerton is threatening to sue the city for violating the State Constitution. See this story.
The U.S. Constitution says that no religious test may ever be imposed as a condition for holding public office. Edgerton quite properly says that if the North Carolina Constitution violates the U.S. Constitution, then the North Carolina Constitution should be changed, but in the meantime, he wants the state Constitution enforced.