'So help me God': Bergen County man sues state official over religious oath
TRENTON — A Bergen County man has sued Secretary of State Tahesha Way for allegedly forcing people who run for public office to swear a religious oath.
The 17-page lawsuit, filed Tuesday in U.S. District Court for the District of New Jersey, seeks a permanent injunction to prohibit Way’s office from making candidates swear “so help me God” on petition forms.
Anyone who runs for office in New Jersey must turn in a petition form and sign an oath of allegiance, which includes that phrase.
The Freedom From Religion Foundation, a Wisconsin-based nonprofit that promotes separation of church and state, filed the complaint on behalf of James Tosone, who claims he cannot run for office due to the requirement.
Tosone, 70, of Washington Township, is a nontheist.
BRIBERY SCHEME: What did Nadine Arslanian say to Bogota police at scene of fatal crash in 2018?
“It’s an egregious violation of freedom of conscience, as well as our Constitution — to compel nontheists to take a religious oath,” Annie Laurie Gaylor, the co-president of the foundation, said in a statement. “This legal challenge seeks to put an end to this discriminatory and anachronistic practice.”
The state Office of the Attorney General declined to comment on the lawsuit.
Tosone wants to run for Congress as a Libertarian next year, but the suit says he is not willing to sign the oath.
He turned in petition forms when he ran for office on three previous occasions, but the suit claims he “now sincerely believes” that he cannot swear “so help me God.”
Tosone is not the only person affected by the requirement, the suit says.
Nearly one in every four people in New Jersey have no religion, the foundation said.
And according to the suit, such ambivalence to faith is spreading. At least a third of Generation Z — people who were born after 1996 — identify as “nones,” it claims.
Tosone contacted the state Division of Elections on his concern over the requirement, and in November 2021, its representatives responded that the oath is dictated by law.
“We must follow what the statute governs,” they allegedly said in response.
The foundation sent letters to state officials to try to convince them the requirement is unconstitutional, but the suit says it did not get a response.
Way, who is also the lieutenant governor, has the authority to amend the petition form, the suit claims.
By failing to address Tosone’s concern, the suit says, Way has “willfully excluded” nontheists from running for office.
The suit claims that Way can ensure the truthfulness of information on petition forms without forcing candidates to “violate their conscience.”
Tosone’s complaint refers to a June 1961 decision by the Supreme Court in which the justices reaffirmed that the Constitution prohibits the government from requiring a religious test for public office.
The suit asks for a judge to order the state to provide petition forms that allow candidates to run for office without having to swear to God. It also asks the court to enter a judgment that Way violated the Constitution.
Philip DeVencentis is a local reporter for NorthJersey.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today.
Email: devencentis@northjersey.com
This article originally appeared on NorthJersey.com: Bergen County politician sues NJ over 'So help me God' election oath
