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by spaced4ever on August 18th, 2005

spaced4ever

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If an atheist has to testify in court, must s/he swear on the Bible?

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  • by rosends on January 27th, 2006

    rosends

    In the U.S., no as far as I know and have experienced. Anyone who so chooses has the right to "affirm" and not swear on a bible.

    Here are some resources with background and citations:

    http://archives.stupidquestion.net/sq12199bible.html

    http://www.hendersondispatch.com/articles/2005/07/13/news/opinion/opin01.txt

    http://atheism.about.com/b/a/054543.htm

    and here is an answerbag page with a similar question on it (search for "affitm")
    http://www.answerbag.com/c_view.php/2336

    there are loads of threads, articles and discussions online about this but I haven't seen a printed legal statement. I can only relate that I affirmed. And I didn't lie or anything!

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  • by Sosueme on February 2nd, 2009

    Sosueme

    You can swear or affirm (doesn't have to be on the bible) and it doesn't really matter considering most people lie anyway. The trick is catching them in their lies.

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  • by King of Sexytown on February 2nd, 2009

    King of Sexytown

    This is why the system doesn't work. People should be swearing on something else. That only works on religious people. Atheists should swear on something else. Like a comic book or something.

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  • by Sunblynd 5.0 on June 11th, 2007

    Sunblynd 5.0

    No, he has the right not to swear on the bible or swear an oath to God. He is sworn in with religous sentiments omitted.

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  • by Jim in a Nautilus COAT on February 2nd, 2009

    Jim in a Nautilus COAT

    King James Version, James 5:12 -- "But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation."

    You are allowed to simply raise your right hand and affirm. Given that swearing is specifically prohibited to Christians, swearing on the Bible is meticulous. It simply shows that the person taking the oath either doesn't believe or doesn't know what's in the Bible.

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  • by Anonymous T. Jackson on February 2nd, 2009

    Anonymous T. Jackson

    They don't use bibles for anyone most places now.

    "Raise your right hand." "Do you swear, or affirm, ... etc."

    You can have your left hand in your pocket while you are doing that if you want.

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  • by SmashTheState on February 2nd, 2009

    SmashTheState

    Here in Canada, you are offered a choice of swearing on a Bible, swearing on a Koran, or simply affirming.

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  • by jalex137 on August 19th, 2005

    jalex137

    It's not just atheists who who might have this isue. There are any number of Christians who believe that the Bible forbids them to swear on it or by it. Others also object to the use of the word "swear". So the Bible is now optional in court, and may not even be offered. Additionally, the witness may use an alternate oath involving the word "affirm". The effect is the same: to put the witness under the penalty of law for a lie.

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  • by Im Alec has abandoned this account on August 17th, 2007

    Im Alec has abandoned this account

    In British courts, atheists are allowed to affirm rather than swear on the bible or other holy book.

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  • by Fruitpunchsamurai on July 20th, 2010

    Fruitpunchsamurai

    If there's no bible that is forced upon them and they had a choice, I'm sure their favorite book of choice would do.

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  • by CaRbOnPrOdUcK is Baccuss on February 2nd, 2009

    CaRbOnPrOdUcK is Baccuss

    This was suppose to be a comet, damn glitches n=airy thang...;+

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  • by somewhere Pll loves her dawgy on February 2nd, 2009

    somewhere Pll loves her dawgy

    Yes, it's standard practice. But what you really think/believe while doing it, is another matter.

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  • by Woodii on July 21st, 2008

    Woodii

    Swearing on a Bible isn't done in most courts anymore. You just swear to tell the truth.

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  • by ugg on July 21st, 2008

    ugg

    Yes. I am, I have been and it meant nothing to me like it means to everyone else in court.

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  • by katydid15 on August 20th, 2007

    katydid15

    Not in good conscience they can't.

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  • by Farino on August 20th, 2007

    Farino

    No, neither can someone of a different religion than that of Christianity. When the usher calls you into the court room, or onto the stand, they ask you if you have any preferneces to the oath (i.e. faith etc.). It is at that point that we say "I disbelieve in God, can I have a different oath?"

    "You will then be asked to take the oath. This means you have to swear to tell the truth on the holy book of your religion. If you prefer, you can “affirm”, that is to promise to tell the truth."
    http://www.cjsonline.gov.uk/witness/the_case/giving_evidence/index.html

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  • by peterpam on June 11th, 2007

    peterpam

    The bible actually says "let your yes be yes and your no be no" there is no need for anybody to swear on the bible, it counts for nothing it is mystical hocus pocus and even many Christians do not wish to do so. Truth is all important and to those of us with faith it is what is true that matters to bot us and God.

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  • by Glenn Blaylock on August 24th, 2005

    Glenn Blaylock

    The answer to this question will depend on the jurisdiction and the judge. There has been a story in the news recently (within the past few weeks of this post) about a Muslim group that wanted to donate some Qurans to a court for use in swearing in Muslim witnesses. The judge, however, refused siting the fact the state law requires witnesses to be sworn in using the "holy scriptures." The judge interprets "holy scriptures" as meaning the Bible and says that it is not his place to change this. If people want to use something else then it is up to them to pressure the legislature to change the law.

    Personally, I think that such laws should be changed. In my mind, the whole purpose behind placing one's hand on the Bible and swearing to "tell the truth, the whole truth, and nothing but the truth so help me God" goes beyond merely making a legally binding oath. It adds the dimension of this being a covenant with God. Thus, not only is the liar subject to legal punishment for perjury, but he is also subject to eternal punishment for lying to God. If the witness does not consider the Bible to be holy then swearing on it is not as binding as swearing on something that he does consider holy. Obviously, with an atheist, it would not matter what you used, if anything. They do not believe in divinity or an afterlife. So, oaths before deity would have no real meaning to them. We would have rely entirely on the threat of legal action to insure their honesty.

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  • by alanlit96 on August 22nd, 2005

    alanlit96

    In our county, the standard question is whether the witness will "swear OR affirm" that he/she will tell the truth and, despite the fact that we are squarely in the middle of the "bible belt", there is no bible in sight.

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  • by Alatea on August 19th, 2005

    Alatea

    It's up to the judges to make this decision until the law is changed to include those of non-Christian belief. It’s called discrimination against those of other faiths and belief systems.

    Really it boggles the mind that any judge would demand the swearing of oath on a Bible when he knows the witness is Atheist or non-Christian.

    If it weren’t so tragic for so many it would be classed as comical
    but then the laws and court systems are a bit comical too.

    Edit: God help you in the Bible belt states when you inform the judge you are Atheist wishing to affirm. When it's known by all the court you want to affirm rather than take the oath on a Bible perhaps the case will suffer. I wonder which of the 200 versions of the Bible are offered by the courts to Christians?

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  • by Candi on December 3rd, 2010

    Candi

    No just like anyone who doesnt believe in the judo christian belief they can affirm that the testiomy they give is truthfull, and Amish arent allowed to swear on a bible, they also just affirm, and as previously stated many judges dont require swearing in anymore at all

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  • by BACzero on December 3rd, 2010

    BACzero

    Most courts don't do the "swear on the bible" thing anymore. Most courts just have you swear on your honor and under penalty of perjury. Some have you raise your right hand, others just have you confirm that you agree to tell the truth.

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  • by jrbowler on December 3rd, 2010

    jrbowler

    No. Most courts if requested will make arrangements for non-sectarian oaths with no reference to a deity and no bible.

    In some courts this is routine. The one time I ever had to give testimony in court, I was not even asked how I wanted to swear or if I wished a bible. The oath was simply "Do you swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth." No so help me God and no bible. This was apparently standard practice for all witnesses in that court. The "or affirm" part is for those religions (e.g. Jehovah's Witnesses) who believe that the bible forbids swearing of oaths.

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  • by flyinghigh15 on August 2nd, 2010

    flyinghigh15

    uhm u could just swear on the bible anyway then u can lie thru ur teeth without the fear of getting smited where u stand tho they write evrything down for a reason

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  • by Brian I on July 20th, 2010

    Brian I

    http://www.answerbag.com/q_view/431819

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  • by Gingerminx on July 20th, 2010

    Gingerminx

    None.

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  • by Larry on October 1st, 2009

    Larry

    S/he does not, nor does a child have to pledge allegiance to (i.e. worship) a flag in school. Forced religious participation has been outlawed.

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  • by Basil_Fawlty on September 30th, 2009

    Basil_Fawlty

    No. A witness can affirm under penalty of perjury that he or she will tell the truth.

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  • by Bigessfour wears a Army COAT on February 2nd, 2009

    Bigessfour wears a Army COAT

    I think they can affirm on the bible instead.

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  • by Baccduckus is a Carbonproduct on February 2nd, 2009

    Baccduckus is a Carbonproduct

    We'll find out on my trial date.

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  • by DJ_Kremlin on July 21st, 2008

    DJ_Kremlin

    Yea... funny isn't it.
    that's something that always amused me. If I ever have to swear in a court, it's all crap. I don't believe.

    Whatever, it's more symbolism.

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  • by Nelson - Jetpacking from bed on June 11th, 2007

    Nelson - Jetpacking from bed

    no

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  • by Little_Piggy on March 8th, 2007

    Little_Piggy

    Depends which court. In the UK there are now different religious holy books available. Dunno about athiests though.

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  • by Aimee on March 8th, 2007

    Aimee

    Nope.

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  • by Richardharvey on August 8th, 2010

    Richardharvey

    What Do I say when I wsear on the bible.

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  • by mzlady on October 1st, 2009

    mzlady

    YES I THINK SO

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  • by rpatnaudei on May 20th, 2010

    rpatnaudei

    For many years the court system has been making people conform to their religion. Since their gods are a symbol of there religion I really don't need them to force their believes on to me. I support separation of state and church. Keep it privet and at home!!!!
    I'm atheist and have been since 12 years old. Now I'm 58 years old. In Texas it sure can be a problem for what I call the large woman bow heads in court. But I stand firm and before they slip the g word in I'll say I affirm and sit. Or I make them start over and remove the g word.

    Richard from TX

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  • by pears on September 24th, 2009

    pears

    yes

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  • by -O-uknow on May 20th, 2010

    -O-uknow

    Methink he/she has sworn enough.

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  • by Firebrand on August 17th, 2007

    Firebrand

    In the UK they Affirm, it is not required to use the Bible.

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  • by NotAPeoplePerson on August 20th, 2007

    NotAPeoplePerson

    I think an Atheist can swear without using the bible, as long as they mention that they are not of the catholic religion. However, I know of many atheists who merely swore on the bible as to not cause trouble or waste time, as they were swearing to tell the truth anyway. Guess it depends on the person.

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  • by Nelson - Jetpacking from bed on June 11th, 2007

    Nelson - Jetpacking from bed

    What if the person swearing in is a woman? Would they make her become a him first?

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  • by flyinghigh15 on August 2nd, 2010

    flyinghigh15

    sorry about my grammar people i just got off msn so yea u know

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  • by sharkeyspace on December 22nd, 2010

    sharkeyspace

    what ever happened to the seperation of church and state in this country? are we still living in the dark ages people? we need to revolt against tyranny,and swearing on any form of object or ideology is is just that;tyranny. let reason in the matter dictate the outcome, and leave all this whoee baluee behind. down with tyranny!!!

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  • by Halskiisaklink on March 8th, 2007

    Halskiisaklink

    In Australia, I think you have to. This is only word of mouth, though. I've never actually been inside a courtroom (although I hope to get charged for dissent someday).

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  • by Sandy Doull on August 23rd, 2005

    Sandy Doull

    Perhaps they should ask if they would like to swear on the Bible or the Quran?! I think the bible or any other religious reference should be removed completely as it is completely meaningless for a large chunk of the population, so they could swear on the bible until the cows came home without it making the slightest bit of difference in whether they were telling the truth or not!!!

    Sandy

    "Weddings/funerals/Christmas presents Christian" as are the majority in europe from my experience.

    www.sandydoull.com

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  • by Onepotato on October 18th, 2006

    Onepotato

    I wonder how many criminal cases, up to and including cases involving the death penalty, has this caused a defendant to lose because one or more jurors have been convinced that someones testimony has been considered to be less than truthfull or outright lies because he or she refused to swear on a bible.
    Isn't there supposed to be constitutional protection that provides for the defendant to receive a fair and speedy trial? I think it's the sixth amendment and doesn't the first amendment say "...Congress shall make no law respecting an establishment of religeon".

    "However, the US Supreme Court has a little junk drawer called “ceremonial deism” in which it keeps religious laws it likes and protects them from constitutional banishment... Over the past 15 years, court opinions have developed general principles of ceremonial deism. To qualify, a practice must be: 1) nonsectarian; 2) voluntary; 3) presented in a manner unlikely to indoctrinate its audience; 4) deeply rooted in social custom. While the court has never specifically ruled on Bible swearing, it has noted the practice fits these requirements." The previous quote is credited to John Ruch.

    It is shamefull that the supreme court would protect this practice which is not a founding constituional principle when it so seriously violates actual constitutional laws to protect citizens.

    These religeous Christian freaks, Supreme Court included, shamefully violate the constitution, in this country where the very constitution that protects their right to practice their brand of religeon and from which their authority is derived. They don't deserve respect or those rights.

    I call for all non-christians and atheist to make these christians pay for their denying you your rights. If you get any opportunity to sit on a jury in any court that even so much as allows a bible in the courtroom, when anyone does lay his hand on the bible or any religeous document, outright consider their testimony a lie. If there are reporters and you are a juror publically state you voted to convict or aquit based on the fact that the biblically sworn testimony compelled you to know the testimony to be false and therefore you voted to convict or aquit on that issue. If there are no reporters call the local newspaper and tell them. When courts are forced to retry cases because of this or let defendants out of jail because this bible in the court has denied the defendant a fair trial, then they will change the law. This appears the only way to force the law to be changed. Finally everyone will be on a level playing field when it comes to testimony given.

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  • by AntigoneRising on June 11th, 2007

    AntigoneRising

    No, secular countries do not make anyone swear on any religious text.

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  • by jalex137 on August 19th, 2005

    jalex137

    Yes. The point of the oath is to place the witness on notice that he is under a legal obligation to tell the truth.

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  • by iwnit on December 4th, 2010

    iwnit

    It might depend on the country, but in many countries with a Christian heritage like the US, you don't have to swear on the Bible anymore.


    1) "In law, oaths are made by a witness to a court of law before giving testimony and usually by a newly-appointed government officer to the people of a state before taking office. In both of those cases, though, an affirmation can be usually substituted. A written statement, if the author swears the statement is the truth, the whole truth, and nothing but the truth, is called an affidavit. The oath given to support an affidavit is frequently administered by a notary, who will certify the giving of the oath by affixing her or his seal to the document. Willfully delivering a false oath (or affirmation) is the crime of perjury."
    Source and further information:
    http://en.wikipedia.org/wiki/Oath

    "In 1971 Feldman gave evidence in favour of the defendants in the Oz trial. He would not swear on The Bible, choosing to "affirm". Throughout his testimony he was disrespectful to the judge after it was implied that he had no religion for not being Christian."
    Source and further information:
    http://en.wikipedia.org/wiki/Marty_Feldman


    2) Presidential oath:
    "Roosevelt did not swear on the Bible nor on any other book, making him unique among presidents."
    Source and further information:
    http://en.wikipedia.org/wiki/Ansley_Wilcox

    Oath of Allegiance:
    "A person may choose to replace the word swear with affirm, and to omit the phrase so help me God. The oath taker is also given the option of either swearing on a Bible or not."
    Source and further information:
    http://en.wikipedia.org/wiki/Oath_of_Allegiance_(Canada)

    "Qur'an oath controversy of the 110th United States Congress":
    http://en.wikipedia.org/wiki/Qur'an_oath_controversy_of_the_110th_United_States_Congress

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More Questions. Additional questions in this category.

You're reading If an atheist has to testify in court, must s/he swear on the Bible? - which can also be phrased in the following ways:

  • Does an atheist have to swear on a Bible in court?
  • If an atheist has to go to court, do they make him swear on the Bible?
  • When atheists go to court do they swear on the bible?
  • When Atheists go to Court, they can't swear on the bible, can they?
  • When Atheists go to court, do they have to swear on the bible?
  • In court, do atheist's have to swear on the bible?
  • What book do Atheists swear on when they go to court?
  • When athiests go to court, do they have to swear on the bible?

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