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1st Amendment and Free Speech/swearing to God
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Question
Hello.
If a person who does not believe in "God" (as in, a defined, devout being in an established religion) has to swear before a judge- as in a trial or something- what do they do? They can't say "I swear to tell the truth, the whole truth...etc...so help me God."
What is done in cases like this?
Thanks Michael.
Ginger
Hi Ginger,
Two hundred years ago, some people refused to take oaths in Court because some Christian religions believe that it is wrong to swear such oaths. This is based on a biblical passage:
"But I say to you, do not swear at all: neither by heaven, for it is God's throne; nor by the earth, for it is His footstool; nor by Jerusalem, for it is the city of the great King. Nor shall you swear by your head, because you cannot make one hair white or black. But let your "Yes" be "Yes," and your "No," "No." For whatever is more than these is from the evil one." Matthew 5 33-37
Therefore, in the US, all legal oaths may be replaced by a simple affirmation under penalty of perjury that the person is telling the truth. This is always available as an alternative to anyone who wants to use it.
I hope this helps!
- Mike
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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