I Swear

Here in North Carolina an appeals court just ruled that a Muslim woman can proceed with a lawsuit claiming that she should be allowed to swear to tell the truth on the Quran instead of the Bible.  As you can imagine this is causing some consternation among the locals, and it’s making for some nice debate.  Over at the Greensboro News & Record Doug Clark makes this point:

This is an important case about an old tradition, or ritual, in our
courts. I think there is continued value in asking witnesses to swear
their truthfulness upon a sacred text (or affirming their oath if they
prefer). But the practice is meaningful only if the text is held as
sacred by the persom making the promise. If that’s a Quran, or the
Hebrew Bible, or some other holy text, then so be it. Our law should
not bestow authority exclusively on one above the others.

I have to say that I agree with Doug’s point.  I mean how logical is it to ask someone to swear the truth on something they don’t believe in?  Doesn’t it give them license to lie?

In my role on the Lewisville Zoning Board of Adjustment I get to hear "cases" along with the other board members.  In our training we were told that we function pretty much like judges in a court of law; our job isn’t to offer an opinion on how properties should be zoned but rather to interpret whether or not the zoning laws are being met.  Whenever we hear a case we have witnesses who either support or oppose the proposed project and we have to swear those witnesses in.  Most do swear on the Bible but in one case we had a lady who said that it went against her Christian beliefs to swear on the Bible so she was able to simply affirm that she would tell the truth.  Her position was a new one to me and I wasn’t sure what she was talking about until I came across a comment from Cara Michele on Ed Cone’s blog about the Quran case.  Here’s what she wrote:

"Again, you have heard that it
was said to the people long ago, ‘Do not break your oath, but keep the
oaths you have made to the Lord.’ But I tell you, Do not swear at all:
either by heaven, for it is God’s throne; or by the earth, for it is
his footstool; or by Jerusalem, for it is the city of the Great King.
And do not swear by your head, for you cannot make even one hair white
or black. Simply let your ‘Yes’ be ‘Yes,’ and your ‘No,’ ‘No’; anything
beyond this comes from the evil one."
  — words of Jesus in Matt. 5:33-37

If the Bible is your sacred text, then you’re not going to swear on it.  (That’s assuming that you’ve read it.  And if you haven’t read your sacred text, well… what are you waiting for!) 

And if the Bible isn’t your sacred text, then swearing on it is basically meaningless anyway, right?

Irony.

Interesting, huh?  Personally I’d be fine with moving to a non-sectarian affirmation of truth across the board.  Perjury is perjury whether you swear on the Bible or on a stack of X-Men comic books, so why not make everyone’s lives simpler by simply requiring witnesses to say "I promise to tell the truth"?

On a lighter note, this reminds me of a moment we had last year when we (the ZBOA) couldn’t find the Bible and we ended up using the town attorney’s PDA Bible memory card for the swearing in. I couldn’t stop thinking that it was an act of faith for us to believe that the memory card was in fact a Bible, but in the end it didn’t matter as long as the people involved believed it was a Bible. And of course if we hadn’t found the Bible we could have proceeded with everyone affirming that they would tell the truth.  Kind of makes me wonder what the big deal is here.

 

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