A Question for the Legal Profession.

To begin, I must stress that I am not seeking legal advice. This question is purely hypothetical.

To begin, a bit of background is in order: I am not a Christian. I am a follower of the Old Faith, commonly called Wicca.

If I were in a situation where I were called upon to give testimony in a court of law, am I under an obligation to inform the court that swearing upon a Bible, and the phrase “so help you God” are meaningless to me? I realize that potential pentialies for perjury would apply if it were proved I gave false testimony in court, but would I have to tell the court that I am not Christian?

Not that I have a problem with telling anyone - I am proud of my beliefs - and I am not and do not plan to be in a situation where testifying in court in something I have to do.

I’m just curious.

If you’re giving testimony under oath, you’re free to either swear or affirm that your testimony is true. Just tell the court you’d like to affirm, and you don’t have to go into reasons. Or, as Cecil puts it:

http://www.straightdope.com/classics/a1_145.html

Thank you. That was the impression I had, and just wondered if it really worked that way. One thing I have learned from watching TV, (as little of it as I watch) is not to believe what you see on TV!

On a semi-related note just becuase an oath doesn’t include “so help me God” doesn’t mean people don’t say that. For example the Oath that the President takes is officially:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

The “so help me God” part has been unofficially tacked on. When that tradition started I am not sure but it isn’t part of the Oath.

As a matter of fact, it was specifically removed from the oath while the bill setting the practice was being debated in Congress. One of the first bills passed, if I’m not mistaken.

Ummm … no. The text appears in the Constitution itself, and so was never “debated in Congress.” The practice began with George Washington’s first inauguration, and has been followed ever since, even though the words are not part of the constitutional oath.

Sorry, was confused, thinking about the oath administered to other officials, specifically set by the Oath Act of 1789.

In Hawaii, you are asked to affirm to tell the truth…

Yes, the Presidential oath of office is in the Constitution, Art. II, Sec. 1, cl. 9. George Washington added the words “So help me God” when he first took the oath as President in New York City in 1789. Every President *except * Herbert Hoover (who was Quaker in his upbringing) has also added it, and he got the Great Depression for his heathen ways :wink:

In my court, we sometimes have witnesses (they tend to be either atheists or Muslims) who don’t want to swear an oath (the Amish don’t either, IIRC). Under Ohio law, they’re permitted to affirm “under the pains and penalties of perjury.” It does about as much good as an oath “so help me God,” i.e. it depends entirely upon the honesty and integrity of the person testifying, regardless of religious beliefs or the lack thereof.

Every time I’ve seen a witness sworn in the state and federal courts in and around New York City, the witness is asked to raise his or her right hand and asked to swear that the testimony he (or she) is about the give will be the truth. There is no bible or god involved.

In fact under New York law, the law on the form of the oath (CPLR 2309(b)) provides only that: “An oath or affirmation chall be administered in a form calculated to awaken the conscience and impress the mind of the person taking it in accordance with his religious or ethical beliefs.”