Re: John Lofton/Oaths

[Gene Garman]

Or, because religion is meaningless if coerced, the Establishment Clause means exactly what it says and is in play when "religion" is injected into any requirement by government in respect to an oath or affirmation or into any law respecting an establishment of religion; therefore, since government is the essence of coercion, "strongly guarded ... is the separation between Religion and Government in the Constitution of the United States" (James Madison, William and Mary Quarterly, 3:555).

Gene Garman, M.Div.
America's Real Religion
www.americasrealreligion.org

 
[EMAIL PROTECTED] wrote:

        I doubt that most people, even religious people, are more ready to tell the truth only if the swear an oath to God rather than simply being informed that the perjury rules apply.  But that aside, Jim presses the question, do we accept variances because "we are a pluralistic society or because we are a tolerant one."? I responded both, and I'm not sure I understand why Jim presses this question.  Is it because he thinks "merely" tolerating someone's religion is already to denigrate that religion. A fuller acceptance of the religious beliefs of others rather than tolerance is required? (I'm guessing.)

 

        I would be eclectic here. If someone needs the administration of an oath, so be it. If another does not, simply remind him or her about the rules of perjury. 

 

        In my view, the EC is in play when one sectarian book or artifact is required for everyone.

 

Bobby

 

Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware

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