Maryland House Bill HB822

Maryland 2025 Regular Session

• Introduced: 1/29/25
• Refer: 1/29/25

Caption

Declaration of Rights - Religious Freedom, Religious Tests, and Oaths and Affirmations

Impact

If enacted, HB 822 would align Maryland's laws with federal standards by officially eliminating references in the state constitution that conflict with religious equality principles. This shift is particularly pertinent due to historical court rulings, including the landmark decision in Torcaso v. Watkins, which affirmed that religious tests for officeholders are unconstitutional. As such, the bill aims not only to modernize the state constitution but also to safeguard the rights of atheists and others who do not identify with a deity, thus enhancing the overall landscape of civil liberties in Maryland.

Summary

House Bill 822 proposes significant amendments to the Maryland Constitution concerning religious freedom, specifically targeting provisions that require a belief in God for certain public duties. The measure seeks to remove the existing language that mandates belief in God as a qualification for public office and as a prerequisite for individuals serving as jurors or witnesses. This bill is framed within the context of a broader commitment to uphold the principle of freedom from religious tests, as upheld by the United States Constitution. The objective is to ensure that all citizens are treated equally under the law, free from religious discrimination in both their rights and civic duties.

Contention

Opposition to HB 822 may arise from religious groups and individuals who hold strong beliefs that intertwine faith with public service. Critics may argue that the removal of these provisions undermines traditional values and could lead to a secularization of public life that they find troubling. Proponents counter that keeping such requirements is not only outdated but also discriminatory, and they emphasize that public offices should be accessible to all citizens, irrespective of their religious affiliations. The discourse around the bill represents a key moment in Maryland’s legislative history as it grapples with the balance between religious values and constitutional liberties.