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Herb Silverman: Being an atheist in South Carolina

Photo by Chris Line
Herb Silverman tells the audience at FFRF’s national convention on Oct. 17 how he won a South Carolina Supreme Court case, securing rights for atheists.

This humorous speech was given by Herb Silverman on Oct. 17 at FFRF’s 48th annual convention in Myrtle Beach, S.C. He was introduced by FFRF Co-President Annie Laurie Gaylor. To watch the video of the speech, go to ffrf.us/con25.

Annie Laurie Gaylor: Herb Silverman, who’s an Afterlife Member of the Freedom From Religion Foundation and lives in South Carolina, is a distinguished professor of mathematics at the College of Charleston. He founded the Secular Humanists of the Lowcountry in Charleston, and he’s president emeritus of the Secular Coalition for America, which he founded.

Herb is going to tell you how he won a unanimous 1997 decision by the state Supreme Court of South Carolina, striking down the state’s religious test requirement to run for office. And, he’s written a book about it, “Candidate Without a Prayer,” as well as “An Atheist Stranger in a Strange Religious Land.”

I’m going to surprise you, Herb, very belatedly, by naming you our Freethinker of the Year, which is reserved for individuals winning state/church lawsuits. We don’t know how we missed giving this to you back in 1997. It’s high time to correct this oversight. So, please, be our Freethinker of the Year.

By Herb Silverman

Thank you, Annie Laurie for that wonderful introduction. Seeing this large bunch of atheists and humanists meeting in South Carolina would have been quite a scandal back in 1976 when I moved here from Philadelphia to teach mathematics at the College of Charleston. It was my first trip below the Mason-Dixon Line. It was a bit of a culture shock for me, and for South Carolina, as well.

After teaching at the College of Charleston for 14 years, I underwent a major life change in 1990 when a colleague pointed out that our South Carolina Constitution prohibits atheists from becoming governor. I knew the U.S. Constitution barred religious tests for public office, so I went to our local ACLU and a lawyer there told me an atheist would need to mount a legal challenge by running for governor. He said the best candidate would be me. Well, I looked around and didn’t see any other volunteers, so I agreed to become the candidate without a prayer.

I learned that “atheist” is a very provocative word, and not just in South Carolina. The Associated Press picked up the story, and the following day I got a call from a very distressed woman in Philadelphia — my mother. I admit, the Philadelphia Inquirer was not the best way for my mother to find out their only child is a candidate for governor — and an atheist. She didn’t so much mind my being an atheist. The problem for her was going public about it. She always wanted me to appear respectable, but that never quite happened.

During my campaign, I heard stereotypical comments that atheists are mean and angry protesters who do nothing but ridicule religion. I wanted to show that we do have a sense of humor. Here’s some questions that I was asked during my campaign, and my answers.

1. “What would be the first thing you would do if you were elected governor?” “Demand a recount.”

2. “What do you think are your chances of winning the election?” “Look, I’m an atheist. I’m not a fool.”

3. “What would make you believe in God?” “Perhaps if I won the election, but it would take that kind of a miracle.”

4. “What do you think will happen to you when you die?” “I’m going to medical school. Just like my Jewish mother always wanted me to do. I expect to use my body parts to their fullest while I’m alive, but I hope others can make better use of them when I’m dead.”

Meanwhile, Republican Gov. Carroll Campbell said our South Carolina Constitution was fine as it was because our country was founded on godly principles.

I was invited onto a number of radio talk shows. Some callers would say things like, “As an atheist, I suppose you feel free to go out and rape and murder and do whatever you think you can get away with.” My response at such callers would be “With an attitude like that, I hope you continue to believe in a god.”

I realized I didn’t just want to change the South Carolina Constitution, I also wanted to change the hearts and minds of some of my fellow South Carolinians.

Gov. Campbell knew he would have an easy reelection victory, and he refused to debate the other candidates. But, I participated in a number of three-person debates with candidates from the Democratic Party and the American Party. That’s the old George Wallace racist party. This included a debate on South Carolina public television. My friends thought I had won that debate, while friends of the other candidates probably thought they had won. But, a year later, there was an objective way to determine the winner of the three participants in that debate: I was the only one who was not in jail.

The American Party candidate was in jail for driving without a license and refusing to get one, because it’s none of the government’s business. The Democratic Party candidate was in jail for more traditional reasons — tax evasion.

I eventually did have my day in court, but the judge decided he would only rule on the merits of my case if I won the election. Well, to the surprise of no one, I lost. But, I’m an optimistic kind of guy, and I always look for positives in a situation. The best for me was I met Sharon Fratepietro — and we’ve been together ever since. We met in church. It was the Unitarian Church — the only church that invited me to speak during my campaign. After living in sin for 10 years, Sharon and I got married in our home on Jan. 1, 2000, at 12:01 a.m. Sharon wanted me to get dressed up for the occasion. So, she got me this tuxedo T-shirt that I’m wearing now.

While campaigning, I heard from a lot of people who thought they were the only atheist in South Carolina. I took names and, in 1984, I helped form the Secular Humanists of the Lowcountry, which became a vibrant community with about 150 members. Many of them are here today.

After losing the gubernatorial race, and with politics now in my blood, I decided to fulfill my lifelong dream of becoming a notary public — someone who stamps documents. Actually, I learned in 1991 that the South Carolina Constitution prohibits atheists from serving in any public office, and notary public would be the easiest one to challenge.

When Gov. Campbell rejected my application, I asked why, and he said it’s too burdensome to respond to all notary public rejections. At the deposition three years later, we learned there were over 33,000 notary acceptances in that time period and that mine was the only one rejected.

As far as I know, I’m the only one in the history of South Carolina to be rejected as a notary public. I won my case in several lower courts, but the state kept appealing it up to the South Carolina Supreme Court. On May 27, 1997, the South Carolina’s Supreme Court ruled unanimously in my favor, nullifying the anti-atheist clause in South Carolina’s Constitution.

So, finally, I was granted a notary commission. I went to the county clerk’s office with Sharon to pick up my notary certificate. We were  both really excited. Sharon took pictures of the clerk handing me my notary certificate, and of me holding it above my head in triumph. Now, I don’t know what your definition of the loser is, but the others in the county clerk’s office who knew nothing of my case had quite a chuckle, thinking the high point of this guy’s life was becoming a notary public.

During my campaign, I learned about several national atheist and humanist organizations, and I joined them all because they were involved with issues I supported. But, each was doing its own thing and ignoring like-minded organizations. I wanted to show our strength in numbers and cooperate on issues that affect all secular Americans, so, in 2002, I helped form the Secular Coalition for America.

Its mission is to increase the visibility of and respect for secular viewpoints, and to protect and strengthen the secular character of our government. The Secular Coalition formed as a political activist advocacy group to allow unlimited lobbying on behalf of secular Americans. We now have 22 national member organizations covering this full spectrum of our movement, including, of course, FFRF.

Please check the Secular Coalition website, secular.org. We should always look for common ground with the religious people, where we can work together on selected projects, sometimes very difficult ones, like the following:

Now, what could I possibly have in common with Jerry Falwell? Well, Jerry Falwell once said that God does not hear the prayers of a Jew. I agree with Jerry Falwell, but for very different reasons.

That’s my story, and I look forward to meeting many of you and hearing your stories. Thank you for coming, and thanks again to FFRF for meeting here in South Carolina.