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Path: utzoo!watmath!clyde!burl!ulysses!ucbvax!decvax!dartvax!betsy
From: betsy@dartvax.UUCP (Betsy Hanes Perry)
Newsgroups: net.legal,net.religion
Subject: Re: Swearing in Court - Separation of Church/State
Message-ID: <3625@dartvax.UUCP>
Date: Thu, 26-Sep-85 15:39:19 EDT
Article-I.D.: dartvax.3625
Posted: Thu Sep 26 15:39:19 1985
Date-Received: Sat, 28-Sep-85 07:38:51 EDT
References: <1695@akgua.UUCP>
Organization: Dartmouth College, Hanover, NH
Lines: 36
Xref: watmath net.legal:2390 net.religion:7786

> Affirmation, Swearing, and the Separation of Church and State
> 
(paraphrase: Mr. Brown is surprised that forcing people to swear
             "So help me God" is legal.)
> I assume this is a carry-over from the British legal system
> from which ours basically sprang.  I understand that the 
> affirmation alternate was a concession to the Quakers of
> early America who would not "swear".  I'm not familiar enough
> with Quaker thought and doctrine to know why. (any Quaker takers ?? :-))
> 
> However, if they base their position on the Scripture where both
> Jesus in one of the Gospels and the epistle of 
> James 5:12 tell us clearly NOT to swear oaths when we make a 
> promise, but to let our yes mean yes and no mean no, then I 
> understand.
> 
> Bob Brown {...ihnp4!akgua!rjb}

 
The verse you mention is indeed Friends' rationale for "affirming"
rather than "swearing oaths".  It took me quite
awhile to convince the Town Clerk in Hanover, N.H. that it was
legal for me to "affirm" that I wasn't registered to vote elsewhere.
 
I think, though my memory may be incorrect, that the "affirming"
loophole is also intended for use by non-believers.  Many 
Federal oaths now run "Do you solemnly swear or affirm....", and end
with "knowing that you will be subject to the penalties for perjury", thus
avoiding the issue entirely.  
 
-- 
Elizabeth Hanes Perry                        
UUCP: {decvax |ihnp4 | linus| cornell}!dartvax!betsy
CSNET: betsy@dartmouth
ARPA:  betsy%dartmouth@csnet-relay
"Ooh, ick!" -- Penfold


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