Oaths & Affirmations: Can the government require a person to make an oath or affirmation if doing so would conflict with his or her sincere religious beliefs?
Oaths or affirmations are required in many aspects of public life: to serve as a witness or juror, to become a United States citizen, to obtain a license to practice law, and to hold public office. Courts have consistently held, however, that under the Free Exercise Clause, government may not compel people to make an oath or affirmation if doing so would conflict with their sincere religious beliefs. Thus, for example: • No one may be compelled to profess a belief or disbelief in any religion in order to hold a government job or elected office. • A court may not impose a particular form of oath or affirmation on a witness in a legal proceeding. Witnesses may not be compelled to swear an oath that acknowledges a supreme being, to “affirm” on penalty of perjury that they will speak truthfully, or even to use the word “truth” in a pledge of veracity, where doing so would violate a sincerely held religious belief. Instead, the court must permit witnesses to suggest alternative phrasing tha
