http://www.law.com/jsp/article.jsp?id=1160125527178

Religion has entered the political fray in a race for an appellate court
bench in east Texas.

The Austin-based Republican Party of Texas played the religion card in a
Sept. 21 online newsletter. As alleged in the newsletter, Texarkana solo
E. Ben Franks, Democratic nominee for a seat on the 6th Court of
Appeals, "is reported to be a professed atheist" and apparently believes
the Bible is a "collection of myths.'"

But Franks says he has never professed to be an atheist and is not a
member of any atheist organization. Franks says no one with the
Republican Party ever asked him whether he professes to be an atheist.
However, he says he's not surprised by the allegation.

"I'm not surprised at anything anybody says in politics anymore," Franks
says.

Anthony Champagne, a political science professor at the University of
Texas at Dallas, says he has watched judicial races in Texas and other
parts of the country for 25 years and has never before seen a judicial
candidate accused of being an atheist.
...
The Republican Party's allegation that Franks is an atheist stems from a
June 18, 2002, article published in the El Paso Times, after the Texas
Democratic Party held its state convention in the far west Texas city.

As noted in the article, Democrats on the party's platform committee
debated whether to drop "God" from a sentence on the first page of the
committee's platform report that read: "We want a Texas where all people
can fulfill their dreams and achieve their God-given potential."

The article quotes Franks, a member of the platform committee, as
saying, "I'm an atheist, [and] this does not bother me. I'm a
pragmatist."

Franks says the article misquoted him and what he said was, "Let's say
I'm an atheist. I still have no problem with this platform, because I'm
a pragmatist." What he was saying, Franks says, is that, if he were an
atheist, he would not be offended by the reference to God in the
platform.

But Jeff Fisher, the state Republican Party's executive director, says
there are other sources of the allegation. Fisher says "some people who
know Franks" -- people whom Fisher did not identify -- have told him
that Franks professes to be an atheist.

Fisher says the GOP sent the newsletter to people who subscribe to the
party's e-mail publications to inform them about Franks. "We have a
candidate running for the 6th Court who clearly shows he's out of touch
with the people," he says.

Amber Moon, spokeswoman for the Texas Democratic Party, says, "The
Republican Party of Texas is questioning somebody else's faith in order
to win an election, and that's completely out of line."

Moon also says she thinks it's inappropriate for the Republican Party's
executive director, who is a political operative, to pass judgment on
another person's faith.

Officially, however, there can be no religious test for holding office.

Charles W. "Rocky" Rhodes, an associate professor at South Texas College
of Law, says the U.S. Supreme Court has held that a state cannot exclude
somebody from office for his or her religious beliefs or lack of
religious beliefs.
...

http://www.law.com/jsp/article.jsp?id=1160125527178

Religion has entered the political fray in a race for an appellate court
bench in east Texas.

The Austin-based Republican Party of Texas played the religion card in a
Sept. 21 online newsletter. As alleged in the newsletter, Texarkana solo
E. Ben Franks, Democratic nominee for a seat on the 6th Court of
Appeals, "is reported to be a professed atheist" and apparently believes
the Bible is a "collection of myths.'"

But Franks says he has never professed to be an atheist and is not a
member of any atheist organization. Franks says no one with the
Republican Party ever asked him whether he professes to be an atheist.
However, he says he's not surprised by the allegation.

"I'm not surprised at anything anybody says in politics anymore," Franks
says.

Anthony Champagne, a political science professor at the University of
Texas at Dallas, says he has watched judicial races in Texas and other
parts of the country for 25 years and has never before seen a judicial
candidate accused of being an atheist.
...
The Republican Party's allegation that Franks is an atheist stems from a
June 18, 2002, article published in the El Paso Times, after the Texas
Democratic Party held its state convention in the far west Texas city.

As noted in the article, Democrats on the party's platform committee
debated whether to drop "God" from a sentence on the first page of the
committee's platform report that read: "We want a Texas where all people
can fulfill their dreams and achieve their God-given potential."

The article quotes Franks, a member of the platform committee, as
saying, "I'm an atheist, [and] this does not bother me. I'm a
pragmatist."

Franks says the article misquoted him and what he said was, "Let's say
I'm an atheist. I still have no problem with this platform, because I'm
a pragmatist." What he was saying, Franks says, is that, if he were an
atheist, he would not be offended by the reference to God in the
platform.

But Jeff Fisher, the state Republican Party's executive director, says
there are other sources of the allegation. Fisher says "some people who
know Franks" -- people whom Fisher did not identify -- have told him
that Franks professes to be an atheist.

Fisher says the GOP sent the newsletter to people who subscribe to the
party's e-mail publications to inform them about Franks. "We have a
candidate running for the 6th Court who clearly shows he's out of touch
with the people," he says.

Amber Moon, spokeswoman for the Texas Democratic Party, says, "The
Republican Party of Texas is questioning somebody else's faith in order
to win an election, and that's completely out of line."

Moon also says she thinks it's inappropriate for the Republican Party's
executive director, who is a political operative, to pass judgment on
another person's faith.

Officially, however, there can be no religious test for holding office.

Charles W. "Rocky" Rhodes, an associate professor at South Texas College
of Law, says the U.S. Supreme Court has held that a state cannot exclude
somebody from office for his or her religious beliefs or lack of
religious beliefs.
...