RE: Legal Inquiry: Atheists and Affirmations (Not Oaths)
August 12, 2017 at 10:57 pm
(This post was last modified: August 12, 2017 at 11:00 pm by Thumpalumpacus.)
(August 11, 2017 at 2:51 pm)Secular Elf Wrote: I have a question for any of my fellow heathens who are lawyers or have had experience with the court system, especially here in Georgia.
Affirmations. Today I had a meeting with my attorney, who because of health reasons, is retiring and recommending my case to another lawyer. I previously instructed his secretary that I want to affirm. It was my understanding that she understood that, and she said that she would let him know.
This morning I signed an affidavit, without reading it (that is on me--yet he did explain to me what its purpose is and what it was about) releasing himself from my employ. The only problem I have is this one line: "I swear the above statement is true, so help me God."
I feel ignored and betrayed. What can I do about it? I thought about writing an addendum asserting my rights as an American citizen with no religion. Would that do any good?
Does anyone have any advice?
You can substitute "I solemnly affirm". You will still be subject to perjury.
If you signed paperwork without reading it, that's on you, like you said. No court will recognize "I didn't read it" as valid grounds for an objection. Not trying to be rude, but perhaps next time you should read what it is you're signing, and if you have an objection to a phrase, line it out. Addenda will be treated as such -- after-the-fact stuff.
Your rights as an American citizen with no religion are no greater than your rights as an American with religious faith. You're in a court. Your religion doesn't matter. The fidelity of your testimony matters.
Pick your fight elsewhere.
(August 12, 2017 at 7:40 pm)Tazzycorn Wrote:(August 12, 2017 at 8:04 am)Cyberman Wrote: The only experience I ever had with a court was the coroner's hearing for my Princess. I had to swear on a bible to tell the truth etc. Didn't bother me in the slightest; it's their house, their rules. It's merely tradition. To be honest, I was far more preoccupied with the whole situation as it was than with some pettyfogging theatre.
Probably could have said it to the clerk that you didn't believe in swearing on the bible. Courts in Ireland or the UK are legally obliged to take affirmations when the person says they cannot swear on a holy book (for whatever reason).
This is the case in America as well. When I enlisted in the US Air Force as an atheist, I said "solemnly affirm", rather than "swear".
No one cared. I had already put my ass on the line, and that's all they wanted.
