So help me God

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"So help me God" is a phrase often used to give an oath, sometimes optionally as part of an oath of office. It is used in some jurisdictions as an oath for performing a public duty, such as an appearance in court. The phrase implies greater care than usual in the truthfulness of one's testimony or in the performance of one's duty.

Contents

Australia

In Australia the Oath of Allegiance is available in two forms, one of which contains the phrase "So help me God!" [1]

Canada

In Canada, the Oath of Office, Oath of Allegiance, and Oath of Members of the Privy Council may be sworn, and end in "So help me God." They may also be solemnly affirmed, and in such case the phrase is omitted. [2]

Fiji

The Constitution of Fiji, Chapter 17 requires this phrase for the oath of allegiance, and before service to the republic from the President's office or Vice-President's office, a ministerial position, or a judicial position.

New Zealand

In New Zealand the Oath of Allegiance is available in English or Māori in two forms, one an oath containing the phrase 'so help me God' and the other an affirmation which does not. The Police Act 1958 and the Oaths Modernisation Bill still includes the phrase. [3] [4]

United Kingdom

The Oath of Allegiance set out in the Promissory Oaths Act 1868 ends with this phrase, and is required to be taken by various office-holders. [5]

United States

The phrase "So help me God" is prescribed in oaths as early as the Judiciary Act of 1789, for U.S. officers other than the President. The act makes the semantic distinction between an affirmation and an oath. [6] The oath, religious in essence, includes the phrase "so help me God" and "[I] swear". The affirmation uses "[I] affirm". Both serve the same purpose and are described as one (i.e. "... solemnly swear, or affirm, that ...") [7]

In the United States, the No Religious Test Clause states that "no religious test shall ever be required as a qualification to any office or public trust under the United States." Still, there are federal oaths which do include the phrase "So help me God", such as for justices and judges in 28 U.S.C.   § 453. [8]

Presidential oath

There is no law that requires Presidents to add the words "So help me God" at the end of the oath (or to use a Bible). Some historians maintain that George Washington himself added the phrase to the end of his first oath, setting a precedent for future presidents and continuing what was already established practice in his day [9] and that all Presidents since have used this phrase, according to Marvin Pinkert, executive director of the National Archives Experience. [10] Many other historians reject this story given that "it was not until 65 years after the event that the story that Washington added this phrase first appeared in a published volume" and other witnesses, who were present for the event, did not cite him as having added the phrase. [11] These historians further note that "we have no convincing contemporary evidence that any president said "so help me God" until September 1881, when Chester A. Arthur took the oath after the death of James Garfield." [12] It is demonstrable, however, that those historians are in error regarding their claim that there is no "contemporary evidence" of a president saying "so help me God" until 1881. Journalist Noah Brooks, [13] writing a dispatch for the Sacramento Daily Union describing Lincoln's second inaugural on 4 March 1865, clearly states that the president "solemnly repeated 'So help me God!'". [14]

Oath of citizenship

The United States Oath of Citizenship (officially referred to as the "Oath of Allegiance", 8 C.F.R. Part 337 (2008)), taken by all immigrants who wish to become United States citizens, includes the phrase "so help me God"; however 8 CFR 337.1 provides that the phrase is optional.

Military

The Enlistment oath and officer's Oath of Office both contain this phrase. Normally, it is not required to be said if the speaker has a personal or moral objection, as is true of all oaths administered by the United States government.[ citation needed ] However, a change in October 2013 to Air Force Instruction 36-2606 [15] made it mandatory to include the phrase during Air Force enlistments/reenlistments. This change has made the instruction "consistent with the language mandated in 10 USC 502". [16] The Air Force announced on September 17, 2014, that it revoked this previous policy change, allowing anyone to omit "so help me God" from the oath. [17]

State laws

Some of the states have specified that the words "so help me God" were used in oath of office, and also required of jurors, witnesses in court, notaries public, and state employees. Alabama, Connecticut, Delaware, Kentucky, Louisiana, Maine, Mississippi, New Mexico, North Carolina, Texas, and Virginia retain the required "so help me God" as part of the oath to public office. Historically, Maryland and South Carolina did include it but both have been successfully challenged in court. Other states, such as New Hampshire, North Dakota and Rhode Island allow exceptions or alternative phrases. In Wisconsin, the specific language of the oath has been repealed. [18]

Equivalent in other languages

Croatian

In Croatia, the text of presidential oath, which is defined by the Presidential Elections Act amendments of 1997 (Article 4), ends with "Tako mi Bog pomogao" (So help me God). [19] [20]

In 2009, concerns about the phrase infringing on Constitution of Croatia were raised. Constitutional Court of Croatia ruled them out in 2017, claiming that it is compatible with constitution and secular state. [21] [22] [23] The court said the phrase is in neither direct nor indirect relation to any religious beliefs of the elected president. It doesn't represent a theist or religious belief and does not stop the president in any way from expressing any other religious belief. Saying the phrase while taking the presidential oath does not force a certain belief on the President and does not infringe on their religious freedoms. [23]

Filipino

In the Oath of Office of the President of the Philippines, the phrase "So help me God" (Filipino: Kasihan nawâ akó ng Diyos) is mandatory in oaths. [24] An affirmation, however, has exactly the same legal effect as an oath.

French

In medieval France, tradition held that when the Duke of Brittany or other royalty entered the city of Rennes, they would proclaim Et qu'ainsi Dieu me soit en aide ("And so help me God"). [25]

German

Germany

The phrase So wahr mir Gott helfe (literally "as true as God may help me") is an optional part in oaths of office prescribed for civil servants, soldiers, judges as well as members and high representatives of the federal and state governments such as the Federal President, Federal Chancellor and the Minister Presidents. Parties and witnesses in criminal and civil proceedings may also be placed under oath with this phrase. In such proceedings, the judge first speaks the words You swear [by God Almighty and All-Knowing] that to the best of your knowledge you have spoken the pure truth and not concealed anything. The witness or party then must answer I swear it [, so help me God]. The words between brackets are added or omitted according to the preference of the person placed under oath. [26] If the person concerned raises a conscientious objection against any kind of oath, the judge may speak the words Aware of your responsibility in court, you affirm that to the best of your knowledge you have spoken the pure truth and not concealed anything to which the person needs to reply Yes. [27] Both forms of the oath and the affirmation carry the same penalty, if the person is found to have lied. Contrary to the oath without a religious phrase, this kind of affirmation is not necessarily available outside court proceedings (e.g. for an oath of office).

Austria

The traditional oath of witnesses in Austrian courts ends with the phrase so wahr mir Gott helfe. There are, however, exemptions for witnesses of different religious denominations as well as those unaffiliated with any religion. The oath is rarely practised in civil trials and was completely abolished for criminal procedures in 2008. The phrase so wahr mir Gott helfe is also an (optional) part in the oath of surveyors who testify as expert witnesses as well as court-certified interpreters. Unlike in Germany, the phrase so wahr mir Gott helfe is not part of the oath of office of the Federal President, members of the federal government or state governors, who may or may not add a religious affirmation after the form of oath prescribed by the constitution.

Polish

The Polish phrase is "Tak mi dopomóż Bóg" or "Tak mi, Boże, dopomóż." It has been used in most version of the Polish Army oaths, however other denominations use different phrases. President, prime minister, deputy prime ministers, ministers and members of both houses of parliament can add this phrase at the end of the oath of their office. [28]

Romanian

In Romania, the oath translation is "Așa să-mi ajute Dumnezeu!", which is used in various ceremonies such as the ministers' oath in front of the president of the republic or the magistrates' oath.

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References

  1. ↑ "Schedule". Aph.gov.au. Retrieved October 24, 2021.
  2. ↑ "The Governor General of Canada". Gg.ca. Retrieved October 24, 2021.
  3. ↑ "Police Act 1958 No 109 (as at 01 October 2008), Public Act 37 Oath to be taken". New Zealand Legislation.
  4. ↑ "Oaths Modernisation Bill 264-1 (2005), Government Bill Explanatory note". New Zealand Legislation.
  5. ↑ "Promissory Oaths Act 1868". Legislation.gov.uk.
  6. ↑ Judiciary Act of 1789, Sec. 7. Memory.loc.gov, Retrieved 2013-07-04.
  7. ↑ Judiciary Act of 1789, Sec. 7. Constitution.org, Retrieved 2009-01-24.
  8. ↑ "28 U.S. Code § 453 - Oaths of justices and judges". Law.cornell.edu. Retrieved October 24, 2021.
  9. ↑ Alden, John R. (1993). George Washington, a Biography. Norwalk: Easton Press.
  10. ↑ "Where Does The Oath Of Office Come From?". Morning Edition . January 14, 2009. NPR.
  11. ↑ Henriques, Peter R (January 11, 2009). "'So Help Me God': A George Washington Myth that Should Be Discarded". History News Network. The George Washington University. Retrieved January 22, 2021. There is absolutely no extant contemporary evidence that President Washington altered the language of the oath as laid down in Article 2, Section 1 of the Constitution... it was not until 65 years after the event that the story that Washington added this phrase first appeared in a published volume.
  12. ↑ Parker, David B (February 15, 2016). "'So Help Me God' and the Presidential Oath". Time . Retrieved January 22, 2021. Recently, we've seen another version of the 'So help me God' story: not just that George Washington said it in 1789, but that every president added it to the oath of office. We know that the claim for Washington is problematic, and as it turns out, we have no convincing contemporary evidence that any president said 'so help me God' until September 1881...
  13. ↑ Brooks, Noah (1998). Lincoln Observed: Civil War Dispatches of Noah Brooks. Baltimore: Johns Hopkins University Press. p. 169. ISBN   978-0-80-186915-0.
  14. ↑ Sacramento Daily Union, April 10, 1865, page 8, column 6
  15. ↑ "AFI 36-2606" (PDF). Static.e-publishing.af.mil. Retrieved October 24, 2021.
  16. ↑ Losey, Stephen (September 4, 2014). "Group: Airman denied reenlistment for refusing to say 'so help me God'". Air Force Times. Retrieved December 18, 2018.
  17. ↑ Victor, Philip J. "Atheist airman can re-enlist without religious oath after policy change". Al Jazeera . Retrieved September 19, 2014.
  18. ↑ Re, Gregg (January 28, 2019). "Dems to strike 'so help you God' from oath taken in front of key House committee, draft shows". Foxnews.com. Retrieved October 24, 2021.
  19. ↑ "Zakon o izmjenama i dopunama zakona o izboru predsjednika Republike Hrvatske" [President of the Croatia Election Act Amendments](PDF). State Electoral Commission. July 1, 1997.
  20. ↑ "Zakon o izmjenama i dopunama Zakona o izboru predsjednika Republike Hrvatske". Narodne-novine.nn.hr. Retrieved October 24, 2021.
  21. ↑ "Poklič iz predsjedničke prisege ne ugrožava sekularni karakter Republike Hrvatske". Jutarnji.hr. July 25, 2017. Retrieved July 25, 2017.
  22. ↑ "Poklič "tako mi Bog pomogao" ne ugrožava sekularnost RH". N1. July 25, 2017. Retrieved July 25, 2017.
  23. 1 2 "Ustavni sud je odlučio: "Tako mi Bog pomogao" je dio predsjedničke zakletve". Index.hr. July 25, 2017. Retrieved July 25, 2017.
  24. ↑ Constitution of the Philippines (1987). Wikisource. Retrieved December 31, 2010
  25. ↑ texte, Société archéologique et historique d'Ille-et-Vilaine Auteur du (October 24, 1868). "Bulletin et mémoires de la Société archéologique du département d'Ille-et-Vilaine". Gallica.bnf.fr. Retrieved October 24, 2021.
  26. ↑ Sie schwören [bei Gott dem Allmächtigen und Allwissenden], dass Sie nach bestem Wissen die reine Wahrheit gesagt und nichts verschwiegen haben. — Ich schwöre es [, so wahr mir Gott helfe] — For criminal proceedings see § 64 StPO, for civil proceedings see § 481 ZPO.
  27. ↑ Sie bekräftigen im Bewusstsein Ihrer Verantwortung vor Gericht, dass Sie nach bestem Wissen die reine Wahrheit gesagt und nichts verschwiegen haben. — Ja — For criminal proceedings see § 65 StPO, for civil proceedings see § 484 ZPO.
  28. ↑ The Constitution of the Republic of Poland, art. 104, art. 130 & art. 151 (1997)
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