stating that the No Religious Test Clause “recoil[s] from the odious test oaths that emerged in Britain in the 17th century, and which disqualified from public office all Catholics and non-conformists not subscribing to the doctrines of the Church of England”
How later courts described this case
- stating that the No Religious Test Clause “recoil[s] from the odious test oaths that emerged in Britain in the 17th century, and which disqualified from public office all Catholics and non-conformists not subscribing to the doctrines of the Church of England”
- striking down loyalty statute for federal employees, 5 U.S.C. § 7311, on Brandenburg-type grounds
Written by the judges who cited it.
The opinion
*614 JOHN LEWIS SMITH, Jr., District Judge,
concurs in the result but feels that this case like Haskett v. Washington, should be decided without holding section 7311 unconstitutional.
JUDGMENT
In accordance with our memorandum opinion of June 4, 1969, it is hereby adjudged, decreed, and ordered, that defendants herein be enjoined from requiring plaintiff to sign the affidavit set forth in plaintiff’s complaint as a prerequisite to assuming her position of substitute teacher in Project 470 of the District of Columbia School System.