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March 02, 2008

Don't Swear

How many times did our mothers tell us that? But for my father's family, it meant something more. In their faith, they believed it wrong to swear either when a hammer hit your thumb or upon a Bible. And so, if called into court, they would affirm that they were telling the truth. That's why I grew up knowing about a little quirk in our law allowing for such a variance.

Imagine my surprise at seeing this post in The Volokh Conspiracy. A Quaker was asked to sign a loyalty oath and was not allowed to cross out "swear" and substitute "affirm." The post briefly explains some problems with this policy. It's a lawsuit begging to happen but, given who the plaintiff is and the fact that she's now unemployed, it probably won't. The University's counsel is an idiot.

(And what's with requiring a loyalty oath for a part-time teacher?)

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Comments

In Oregon, we "swear or affirm" when we're "sworn," but IIRC, when I was sworn into our federal district, I just swore. In Nevada, when my husband was summoned for jury duty, he affirmed when everyone else swore. The judged raised his eyebrows, but that was all there was to it.

Love to see the Quakers sue on that one...

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