Strange Gatekeepers
"I do solemnly swear ... So help me God"

By Mary Elizabeth Hill Hanchey

February 2004

These words are strange gatekeepers to the U.S. justice system. At the very beginning, before a licensed attorney may practice law, she is asked to place her hand on a Bible and, using these words, swear before God. Likewise, every individual called to testify in a court of law is asked to do the same. We've all heard these words, perhaps on "Matlock" or "Law and Order," or in the incessant news coverage of some celebrity trial. Some of us have been asked to utter these words ourselves, standing before a judge with our hand on the Bible. How many of us have stopped to think, however, about the serious theological implications of using this language as part of this specific civic ritual? I was asked to engage in this ritual of swearing-in after I passed the bar; because of my personal inclination to distrust civil religion in general, the ceremony raised red flags.

What are the theological implications of swearing on the Bible? Presumably, this practice is based on the assumption that people take the Bible seriously. It is unclear whether this assumption was ever universally true, but it can certainly be challenged these days. Although the Judeo-Christian faith tradition informs the beliefs of many in our society, those who come from a different faith tradition or no faith tradition at all are growing in number. We are faced, then, with the simple reality that many take the Bible seriously and many do not. Either way, the theological implications must be considered carefully.

On one hand, believers who take the Bible seriously are faced with a problem of Biblical authority. The term "Biblical authority" is a sticky one for Christians these days, often disappearing from the lexicon because of heated debates over the inerrancy of the text. But the inerrancy camp does not own the concept of Biblical authority, and the Bible does provide instruction about swearing. According to the Gospel of Matthew, Jesus specifically addressed swearing in his Sermon on the Mount, juxtaposing the old law with his new commandment.

Again, you have heard that it was said to those of ancient times, "You shall not swear falsely, but carry out the vows you have made to the Lord." But I say to you, Do not swear at all, either by heaven, for it is the throne of God, or by the earth, for it is his footstool, or by Jerusalem, for it is the city of the great King. And do not swear by your head, for you cannot make one hair white or black. Let your word be "Yes, Yes" or "No, No"; anything more than this comes from the evil one. Matt. 5:33-37, NRSV.

When we swear with our hands on the Bible and assert the phrase "So help me God," we disobey a clear instruction from one of Jesus' most famous sermons. We should not do so mechanically, without careful soul searching.

On the other hand, the reality that many do not take the Bible seriously poses a complicated set of problems for Christians. First, we must be concerned by the degree to which this civic ritual of swearing-in cheapens the calling of God's name. Our hymns, psalms and prayers address a holy God who is our firm foundation, our mighty fortress, and our eternal Father; who made the mountains rise and created the glory of the skies; who abides with us, who causes us to stand, and who teaches us to proclaim that it is well with our soul; and who remains our hope, our creator, our beginning and our end. We bless the name of the Lord and call the name of God when we need a miracle. How, then, can we allow God's name to become the tool of anyone who wants to practice law or testify in court? The perfunctory calling of God's name renders the practice meaningless. We must reclaim the power of calling God's name.

Second, Christians must be concerned with the institutionalizing of this civic ritual of swearing-in because our own religious liberty cannot be secure when the religious liberty of others is compromised. For the very reasons that the Ten Commandments are being removed from courtrooms, so should the practice of swearing-in on the Bible. The religious liberty of a religiously diverse population cannot be secure when such a ritual is a gatekeeper to the justice system. It is meaningless at best, and offensive by most accounts, for peoples of other faiths (or none) to place their hand on the Bible and swear to a God they do not believe in. Religious liberty and this ritual cannot stand side-by-side in our justice system.

After considering these implications, I decided not to place my hand on the Bible or swear before God. Instead, I took advantage of an alternative practice, an affirmation. Any person who wishes to affirm his or her promises instead of swearing-in may do so. But I (along with a friend who stood by me on principle) was alone in choosing to affirm. I wondered if my peers had really thought about this ritual in which they were engaging.

Clearly not many people take advantage of this practice of affirming, as there was no alternative paperwork for me to sign: rather, I had to manually mark through "do solemnly swear" and "so help me God" on each affirmation. Even though I knew it was the right thing to do, I felt uncomfortable standing in front of a judge and marking through "so help me God" over and over. I found secret relief in the good fortune that my judge was actually blind and would never recognize me in the courtroom again. Then I marveled at the odd circumstances that had me, a Christian, striving to act within the dictates of my faith, concerned about offending the sensibilities of those practicing a supposedly Christian civil religion.

I encourage all Christians to carefully consider choosing to affirm their promises in court or as attorneys rather than perpetuating civil religion. It is my prayer that, in so doing, our ministry to the world can reclaim a clear and distinct voice that expects miracle and grace when we call the name of God.

— Mary Elizabeth Hill Hanchey, a former BJC intern, is an attorney who lives in Durham, N.C. She and her husband are members of Watts Street Baptist Church.