Florida | Constitutional Law
Legal Question
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 ?
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Read More Answered By: Edward Hoffman |
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