August 30, 2005
Swearing oaths on the Koran
Two years ago, I was called for jury duty. I was placed in a pool of about sixty jurors for a homicide case and we had to go through a voir dire process which involves filling in a detailed and lengthy questionnaire that asked all kinds of things that the lawyers and judge could use to see if we had any factors in our background that might cause them to want to disqualify us as jurors. Before filling the forms the judge asked everyone to swear on the Bible that they would tell the truth. But she said that those of us who wanted to could swear a non-religious oath, which I think involved promising to tell the truth on pain of perjury. Only about five of us took this other oath.
This whole thing struck me as odd at that time. If we atheists (I assume that the five of us were atheists although some may have been religious but not Christian) could be trusted to tell the truth by taking a secular oath, why was it necessary to have the Christians take a religious oath? Didn't this necessarily imply that Christians were somehow less trustworthy than non-Christians, since they had to be made fearful of everlasting hell in order to compel them to tell the truth, whereas the mere threat of secular perjury charges was enough for atheists?
I was reminded of this when I saw the article in the Christian Science Monitor that said that a North Carolina judge had ruled that Muslim jurors could not swear an oath on the Koran. Needless to say, this decision is problematic.
On one hand, if you deny Muslims the right to swear on their own religious book, then you are clearly setting up a hierarchy of religious beliefs, with Christian oaths being 'better' than those based on other religions.
On the other hand, if you allow Muslims to swear on the Koran, then you may also have to allow people to swear on the holy icons of Hinduism, Buddhism, Judaism, Wiccanism, all the native American religions, and any other religion. Some scholars have advocated just that, with the Monitor article saying "according to law scholars, allowing a range of holy books in oaths of justice may not only lead to a greater feeling of inclusion among religious minorities but also encourage them to tell the truth."
But where does one draw the line about what is a religion and what is not? What if, for example, devotees of the Flying Spaghetti Monster demand the same privilege? They have already asked the Kansas School Board for equal time if Intelligent Design is included in their science standards. Deciding which religious oath to allow and which not is likely to generate a massive collective headache.
This is another example of the kind of frustrations that arise when we have religious dogmas vying for inclusion and acceptance in the public sphere. All this could be avoided if everyone was simply required to take the secular oath and be done with it, and we had a secular state where nothing in the public sphere referred to any specific religious beliefs. Then people of all faiths could practice their religion freely in their private sphere without causing friction with each other or with the state.
But this is not likely to happen in the near future because of the political influence of those groups who are determined to make the USA into an explicitly Christian nation and believe that the absence of the Christian god in the public sphere is the cause of all the evils in society. But the more they seek to have religion in the public sphere, the more likely it is that other religions will seek similar accommodations. If they are successful, the net result, paradoxically, might be that Christian symbols get surrounded by those of other religions. Once you allow Christian religious symbolism into the public sphere, I cannot see how you can reject those of other religions, unless the country gives up even the pretence of being a secular state and declares itself to be an explicitly Christian nation, amending the First Amendment in the process.
TrackbacksTrackback URL for this entry is: http://blog.case.edu/singham/mt-tb.cgi/2333 Swearing on what?
Excerpt: Neil MacFarquhar's piece on the first Muslim on Congress exits on this nervous note: Upon what holy writ will Keith Ellison swear when he takes his oath of office? Ellison himself declined to comment for the article, but other news...
Tracked: November 10, 2006 02:02 PM