With or without God?
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o7The North Carolina chapter of the American Civil Liberties Union
has filed suit in that state’s Superior Court to allow oaths to be
taken on the Koran. North Carolina law states that oaths must be
taken on “Holy Scriptures,” though it allows for people to raise
their hand if their beliefs do not allow them to swear on a Bible or
to simply affirm that their testimony will be truthful if they do not
have religious faith. Should the court allow witnesses to swear oaths
on sacred religious texts other than the Bible?f7
To me, using the Bible as a talisman is offensive. Jesus
specifically told his followers not to swear an oath at all. He told
them to “simply let your yes be yes” and “no be no.” Beyond that, as
the old saying goes, “the devil is in the details.”
Any Protestant will tell you that there is no intrinsic power in
the books that hold our sacred texts. It is the words that are
sacred, not the paper. I am less likely to trust someone who says, “I
swear upon the Bible,” or “I swear to God,” than someone who simply
says, “I give you my word.”
The requirement of taking an oath causes a problem for the states.
Merriam-Webster, who helped define American English as unique, lists
an “oath” as “a solemn, usually formal, calling upon God or a god to
witness to the truth of what one says, or to witness that one
sincerely intends to do what one says.”
If a state is trying to eliminate God from the picture, they need
to eliminate oaths altogether, according to Webster, since an oath by
definition is a “calling upon God.”
A court should not require anyone to make an oath on the text of
another faith. If a witness would prefer to swear by using a sacred
text, then that should be up to the individual, not the court. My
faith is big enough to allow it, I give you my word.
SENIOR ASSOCIATE PASTOR
RIC OLSEN
Harbor Trinity
Costa Mesa
British Prime Minister Benjamin Disraeli was born into a Jewish
family but was baptized into the Church of England. His conversion
was probably motivated by the fact that only members of the Anglican
Church were allowed to hold seats in the House of Commons. He
retained his Jewish identity, and his allegiance to Judaism was an
open secret.
Queen Victoria once asked him, “Mr. Disraeli, what is your real
religion? You were born a Jew, and you forsook your great people. Now
you are a member of the Church of England, but no one believes that
you are a Christian at heart. Please tell me, who are you and what
are you?”
To which Disraeli is famously said to have answered, “Your
Majesty, I am the blank page between the Old Testament and the New.”
Those who aspire to office or who serve as witnesses in court, and
identify themselves with the blank pages between religions or the
blank pages of no religious faith, must be permitted to foreswear
allegiance to God and simply swear allegiance to the truth. But what
of those for whom putting a hand on a religious text will strengthen
their determination to act and speak truthfully? Since there is such
divergence as what constitutes God’s Word, I am in favor of
eliminating the ritual of swearing an oath on scripture.
After all, where would it end? Could we abide a Scientologist
taking an oath with his hand covering L. Ron Hubbard’s “Dianetics”?
Thomas Jefferson excised what he considered to be religious dogma
and supernatural elements from the New Testament and retained the
ethical system of Jesus in a Bible of his creation. Should a witness
be permitted to swear on Jefferson’s Bible?
What others call the Old Testament, I call the entire Bible. Would
it suffice for me to take an oath on a book that ends with the
Prophet Malachi?
Many Christians do not consider the Book of Mormon to be
authoritative. Should Mormons be permitted to swear on that text or
the Doctrine and Covenants, which is considered canonical?
Should Wiccans swear on a book that contains the foundation of
their teaching?
What about “bibles” written by cult leaders, or books of
incantations and sorcery considered by some to be sacred? Hitler
provided the holy scriptures for his new religion and “Mein Kampf,”
instead of the Bible, took the place of honor in the homes of
thousands of German families. The Nazis chose this title to replace
the prayer book as the appropriate wedding gift for young couples.
Could today’s neo-Nazis swear on “Mein Kampf”?
Swearing on a Bible is customary, not legally mandated or binding.
Many have taken an oath with hand on Scripture and immediately
proceeded to violate the Ninth Commandment. If their false testimony
is discovered, they are charged with a crime against the state and
not a sin against God.
Whether theist or nontheist, an oath to speak the truth before man
should be sufficient to accept his testimony. It does not matter to
whom the taker of the oath swears.
What is important is that he be impressed with the solemnity of
the occasion and the significance of veracity. The intention is that
witnesses should feel a deep sense of accountability and this can be
accomplished without the presence of a holy text. A Bible is not
necessarily a safeguard against falsehood and evasion. We should be
quite content with an affirmation rather than a religious oath.
After all, those who subscribe to their own religious texts see
all others as just so many blank pages.
RABBI MARK S. MILLER
Temple Bat Yahm
Newport Beach
Even though I have never had to testify in court -- and therefore
never been sworn in -- the commonly used oath is etched forever on my
brain, probably because of watching too many “Perry Mason” episodes
as a child.
“Do you swear to tell the truth, the whole truth and nothing but
the truth, so help you God?”
It was always shown to be a very solemn affair, with the left hand
placed reverently on the Bible, the right hand held up with palm
facing forward. I understood that if the person testifying was lying,
something unexplained might happen to him, given he had taken this
oath with his hand on the Bible.
I am glad the laws concerning oaths in courtrooms are gradually
changing to reflect not only the diversity of populations, but also a
movement away from superstition.
I think it is an important, but only intermediary, step to allow
oaths to be taken using holy scriptures other than the Bible. It will
lead to all kinds of haggling over whether, for example, Taoists may
use the Tao Te Ching or if Scientologists can use the writings of L.
Ron Hubbard.
I hope it will be soon that courts move entirely to a
straightforward approach of making sure witnesses understand the law
against perjury and state that their testimony is truthful.
In the Zen tradition, along with all religions, truth telling and
abstaining from lying is basic to living a life in integrity within
our family and community. One of my favorite teachings of the Buddha
is: “When you see for yourself that a thing is unwholesome put it
down. When you see for yourself that a thing is wholesome, take it
up.”
The punishment or karma of not telling the truth may be extensive,
but most important, lying puts us at odds with ourselves and others
and is a hindrance to waking up to the true nature of our life. Lying
in court can be especially harmful, setting it apart from
run-of-the-mill gossip and slander, because it can be so destructive
to the reputation and property of follow citizens.
I believe it would be a good direction if courts moved away from
the tradition of swearing an oath of any kind, whether it be using a
Bible or Koran, and toward making a simple statement that the
testimony I am about to give is truthful.
REV. CAROL AGUILAR
Zen Center of Orange County
Costa Mesa
When an American friend who ministers in London was about to take
his oath for British citizenship, the choice he was given was “With
God or without God?”
He responded, “With God, please.”
Then, to place his hand upon as he took his oath, he was given
possibilities including the Hebrew Scriptures, the New Testament, a
whole Bible including the Apocrypha, a Koran, the Bhagavad-Gita,
Buddha’s Four Noble Truths and the Noble Eightfold Path, a Book of
Mormon, and more on a library cart that officials had readily
available. My friend, ever an Episcopalian/Anglican, chose a
contemporary Book of Common Prayer.
Different people have different sacred texts, different holy
scriptures. We should swear oaths in ways which will enable us to
keep the commitments we make ... with God!
(THE VERY REV’D CANON)
PETER D. HAYNES
Saint Michael & All Angels
Episcopal Church
Corona del Mar