The US Constitution, Amendment 1: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
The NC Constitution, Article 6 Sec. 8: "The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God."
On the basis of the N.C. document (while ignoring the U.S. one), there's a group in Asheville trying to deny recently elected Asheville city councilman Cecil Bothwell his seat on the council because he once wrote a book critical of evangelist Billy Graham.
Plus this, in the Asheville Citizen-Times article: "Bothwell labels himself an atheist on his MySpace page, though he wrote in an online post last week on fellow incoming councilman Gordon Smith's blog, Scrutiny Hooligans, that he prefers the term 'post-theist.' Bothwell added: 'I don't deny the being of Almighty God; I simply consider the question of denial or acceptance irrelevant." (But soooo what?)
Some are threatening a law suit ... but against whom? Sue Cecil Bothwell, because he doesn't toe the theocratic line? Or sue the City of Asheville for swearing in an (okay, let's go for it!) atheist?
Good luck on that prospect! But, really, go ahead and sue and let's get this stupid line stuck down in our state constitution.