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Tuesday, July 26, 2005

Civil liberties group sues N.C. regarding courtroom oaths

From Staff Reports
Posted 1:15 p.m.

RALEIGH – The state chapter of the American Civil Liberties Union filed a lawsuit today alleging North Carolina courts wrongfully refuse to allow the use of the Quran and other religious texts for oaths.

The lawsuit was filed Tuesday in Wake County Superior Court on behalf of the ACLU's statewide membership of approximately 8,000 people of many different faiths including Islam and Judaism, according to an ACLU press release.

The ACLU seeks a court order clarifying that North Carolina’s existing statute governing religious oaths is broad enough to allow the use of religious texts in addition to the Christian Bible.

Current law refers to someone laying his hand on the "Holy Scriptures," which Guilford County judges have interpreted to mean the Christian Bible. Those who object to swearing on a Bible can give an affirmation, which leaves out religious references and substitutes the word "affirm" for "swear." Oaths and affirmations are treated the same by law.

But if the court does not agree that the phrase “Holy Scriptures� must be interpreted to permit texts such as the Quran, the ACLU is asking a judge to strike down the practice of allowing the use of any religious texts in the administration of religious oaths.

"The government cannot favor one set of religious values over another and must allow all individuals of faith to be sworn in on the holy text that is in accordance with their faith," state ACLU executive Jennifer Rudinger said in a written statement.
On June 28, the ACLU wrote to the N.C. Administrative Office of the Courts, asking officials to adopt a policy allowing the use of the Quran and other religious texts for the swearing of oaths.

On July 14, the AOC responded that it was declining to adopt any rule, indicating either the legislature or a court ruling would have to decide this question, according to the ACLU.

The issue arose last month after Muslims from the Al-Ummil Ummat Islamic Center in Greensboro tried to donate copies of the Quran to Guilford County courtrooms. The county's two top judges turned down the gift after determining that an oath on the Quran is not a legal oath.