This is a religious topic.
storyRALEIGH, N.C. -- The
religious texts of Islam, Judaism, Hinduism and faiths other than Christianity should be allowed in North Carolina courts for oaths promising truthful testimony, the ACLU argued in a lawsuit filed against the state Tuesday.
State law allows witnesses preparing to testify in court to take their oath either by laying a hand over a "Holy Scripture," by saying "so help me God" without the use of a religious book or by using no religious symbols.
"We hope that the court will issue a ruling that the phrase "holy scripture" includes the Quran, Old Testament, and Bhagavad-Gita in addition to the Christian Bible," said Jennifer Rudinger, executive director of the American Civil Liberties Union of North Carolina.
A spokeswoman for the state attorney general's office, which represents the state in lawsuits, did not immediately return a call seeking comment.
The ACLU last month called on the state Administrative Office of the Courts to adopt a policy allowing use of the Quran and other
religious texts in North Carolina courtrooms. The request came after the two top judges in Guilford County decided that Muslims could not legally take an oath on the Quran.
AOC director Ralph Walker replied in a letter July 14 that his office would not sanction use of religious texts other than the Bible until the General Assembly or the courts settled the matter.
The language of the state's law on court oaths is already broad enough to include other religious texts, so the Legislature need not clarify it, Rudinger said.
"The lawsuit is seeking a declaration by the court that this is what Holy Scripture means in the law," she said.
The issue surfaced after Muslims from the Al-Ummil Ummat Islamic Center in Greensboro tried to donate copies of the Quran to Guilford County's two courthouses last month.
Guilford Senior Resident Superior Court Judge W. Douglas Albright and Guilford Chief District Court Judge Joseph E. Turner decided not to accept the texts for courtroom use.
Both said an oath on the Quran is not a legal oath under state law, which refers to someone laying his hands on the "Holy Scriptures." The two judges interpreted that to mean the Christian Bible.
In response, the Washington-based Council on American-Islamic Relations asked for a statewide policy allowing oaths to be taken using the Quran.
The ACLU of North Carolina said an 1856 state Supreme Court decision sets a clear precedent for oaths with religious texts. The court decision noted that North Carolina's oath-taking statutes were written for Christians but do not limit others from swearing in the way they deem most sacred.
The ACLU said a change in the law in 1985 further supports his point.
Before that time, the law was called "Administration of oath upon the Gospels." It stated that someone to be sworn was to lay his hand on "the Holy Evangelists of Almighty God." That year legislators took out "the Gospels" in the title and changed the language to simply read "Holy Scriptures."
The ACLU contends the change signals that legislators were trying to be more inclusive.
Denying use of other religious texts would violate the Constitution by favoring Christianity over religions, the ACLU said in its lawsuit.