Yesterday, North Carolina Superior Court Judge Donald Smith dismissed a lawsuit, filed by the ACLU of North Carolina, aimed at allowing courtroom witnesses to take an oath using non-Christian religious texts in place of the Bible. (See prior posting.) The judge said that there is no active controversy involving someone prohibited from using the Quran or some other book. Yesterday's Winston-Salem Journal says that the judge informed lawyers of his decision and said that a written opinion would follow.
At issue in the case were state laws that allow witnesses to take their oath either on the "Holy Scripture," or without the use of a religious book, or by "affirmation". Interestingly, in court on Monday, Assistant Attorney General Grady L. Balentine, Jr. did not argue plaintiff's lacked of standing. The Greensboro News-Record reported that instead he argued that the statue was constitutional because it permitted witnesses to "affirm" that they will testify truthfully if they do not wish to take an oath on a Christian Bible. On the other hand, ACLU attorney Seth Cohen argued that the statute is unconstitutional if it is not interpreted to include holy texts of non-Christian religions.
UPDATE: The ACLU has announced it will appeal the decision (Dec. 16 Greensboro News-Record).
