Legal Question in Constitutional Law in Florida
Freedom of Religion -- Oaths -- Affirmations
How can an individual whose sincerely-held religious beliefs (see Matthew 5:33-37 (KJV); James 5:12 (KJV)) prohibit him from taking any kind of oath or oath substitute (including affirmations or attestations), invoke his First Amendment religious rights in a courtroom or deposition setting and refuse to take an oath or affirmation ?
What can a judge do to an individual, who because of his religious beliefs, refuses to take any kind of oath or affirmation ?
To what extent can an individual who refuses to take any kind of oath or affirmation based on his religious beliefs, rely upon the following precedent construing such right:
1. Society of Separationists, Inc. v. Herman, 939 F. 2d 1207 (5th. Cir. 1991) ?
2. Ferguson v. Commissioner of Internal Revenue, 921 F. 2d 588 (5th. Cir. 1991) ?
3. Gordon v. State of Idaho, 778 F. 2d 1397 (9th. Cir. 1985) ?
Have any of the foregoing case law authority been:
1. Overruled ? 2. Heavily criticized ? 3. Followed ?
Finally, how can an individual who is asked to take an oath or affirmation simply tell the judge that he cannot do so because doing so would make the judge a god, and that he sincreley believes that Exodus 20:3 (KJV) requires that he have only one God ?
1 Answer from Attorneys
Re: Freedom of Religion -- Oaths -- Affirmations
How does an oath to tell the truth make the judge a God? The oath is a promise *witnessed* by God (for those who believe in Him) and by others present in the room that you will testify truthfully. It merely acknowledges that truth is much more important during testimony than it usually is and commits you to being truthful. It does not amount to worship of the judge any more than does any other promise you make in life.
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