If an atheist has to go to court, do they make him swear on the Bible?
2006-12-21 04:42:17 · 35 answers · asked by Anonymous in Society & Culture ➔ Religion & Spirituality
It's not like TV. You can swear or AFFIRM.
2006-12-21 04:46:07 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Varies from location to location. Some may require it, some may make it optional, some may not do it at all.
In California the entire room of participants generally rises and says a pledge given by the Bailiff and you simply affirm or swear to tell the truth in the proceeding. Then the Judges asks, at the time you speak, if you have taken the pledge and you say yes or no.
The United States was first occupied by mostly English people who came here to pratise religion their way. Some believed in separation of Church and States, others believed Government had to be religious.
When you are in an area that is still bound by those rules they can require you to speak on the Bible if it's required.
If they require all filing have a Blue Back, that must be used.
If they require a special form cover the filing, that must be used.
If a fee is requried for each form, the fee must be paid.
These are rules of the court.
They are a state's rights issue.
The only Constitutional requirement is that no one holding Federal Office shall be required to take an oath or test of any religion as a requirement to take that office.
The Constitution say you can freely practise your religion, whatever it may be.
After that the Consitution specifically says ANY OTHER RIGHTS NOT ENUMERATED HERE belong to the states.
A city may adpot laws to make it illegal to possess, use, store or consume butchered meats, declaring the city to be Vegan, thus if your travel into that city with a sack lunch of a Roast Beef sandwich you are violating the laws.
A city may ban the possession, sale and use of tobacco.
What the city can't do is go into excessive fines and penalties. If they do that, you can take matters to State and Federal courts for mediation.
If a city is 99% Wiccan they can require a spell book be used in Court cases and make any reasonable oath they want.
If a city is 99% Muslim they can use the Quran. If they city is 99% Hebrew they can use the Torah or Tanakah. If the City is 99% Hindu they can use the Gita.
What you can't do if you are 99% anything is pass a law saying you can't erect a Mosque, Church, Temple, Synogage, Secular Meeting Hall, etc.
A law DEPRIVING even 1 person of their right to pratise their religion in a reasonable, common and traditional manner violates the US Constitution and it prevails.
The exception would be a religion that goes contrary to general human sensiblities, such as Satanic Worshipers who cut out the hearts of living, human female virigns as a part of their worship routines. That would be illegal under state laws and the US Constitution would not protect it as freedom of religion.
2006-12-21 04:59:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I've been pondering that question as well and how it applies to people of other religions who don't recognize the bible. Being that we live in a democratic country (one would hope), the court is obliged to honor our freedom of religion and not force anyone to swear on the bible or anything else that violates the notion of religious freedom. I think they simply say "You swear to tell the truth..the whole truth...yada yada". I am not a Christian and I would never swear on the bible, but if they were to make me, I'd let them know that I am not a Christian and the bible is irrelevant to me. Also, isn't swearing on the bible in violation of the separation of church and state? If they still do that down south and in the midwest, they had better re-read the constitution because they are violating the bill of rights.
2006-12-21 04:46:33 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Some years ago a man from another country was required to give evidence in a court of law. He did not believe in the Bible nor "holy books" of other religions.
Required: that a chicken be butchered in the court and then the man was to say 'if what I speak is not the truth, then let be done to me what was done to the chicken'.
2006-12-21 05:16:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I ran a military courtroom and served as a witness in four Federal proceedings.
We had no Bible. The default was indeed to tack on "so help you God" to the end of the oath, to which the person always said "I do."
When I was told I'd be called, I reminded counsel ahead of time that I am an atheist and to ask me to "affirm" rather than swear. No problem.
A good counsel always asks his/her witnesses ahead of time whether they would like to swear or affirm, so this gets resolved ahead of time. No lawyer wants his witness looking unduly evasive.
2006-12-21 04:47:30 · answer #5 · answered by Anonymous · 1⤊ 0⤋
No bible requirement anymore. Court has the recourse of false testimony to add to your crimes. So you swear to tell the truth, the whole truth, and nothing but the truth(entering into a legal verbal / documented contract).
2006-12-21 04:52:14 · answer #6 · answered by Quest 6 · 0⤊ 0⤋
I've been to court a few times for Jury Duty and nobody uses the bible in court where I am.
2006-12-21 04:48:12 · answer #7 · answered by KathyS 7 · 0⤊ 0⤋
Not if he formally states that he's an atheist and requests that he can swear upon the constitution as a suitable substitute. It's the "supreme law of the land". It gets the highest billing in the court.
2006-12-21 04:45:21 · answer #8 · answered by Em 5 · 1⤊ 1⤋
what are you saying? that the only thing that would keep a christian from lying in court is swearing to the bible? what a bunch of jerks.
2006-12-21 04:48:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No. Not many courts try to pull out the Bible anymore. If one did, you can simply decline to swear on the Bible.
2006-12-21 04:43:36 · answer #10 · answered by Phoenix, Wise Guru 7 · 3⤊ 2⤋
heavily, cupcake? Did you think of that theists have a lock on telling the reality? Swearing on the Bible replaced into in no way required in US courts - people consistently had the the suitable option to verify, somewhat than swear, if that replaced into greater in accord with their ideals...and no person swears on the Bible or to god any further in courtroom. mendacity below oath continues to be perjury, regardless of despite if the guy named some mystical being of their oath. Watch much less television, cupcake.
2016-10-15 09:22:31 · answer #11 · answered by ? 4 · 0⤊ 0⤋