NICHOLSON v. BOARD OF COM'RS OF ALABAMA STATE BAR ASS'N

Civ. A. No. 3395-N.

338 F.Supp. 48 (1972)

Hugh P. NICHOLSON, Plaintiff, v. BOARD OF COMMISSIONERS OF the ALABAMA STATE BAR ASSOCIATION et al., Defendants.

United States District Court, M. D. Alabama, N. D.

February 1, 1972.


Attorney(s) appearing for the Case

J. Knox Argo, Montgomery, Ala., and Ralph Knowles (Drake & Knowles), Tuscaloosa, Ala., for plaintiff.

William H. Morrow, Jr. (Gen. Counsel, Ala. State Bar), Montgomery, Ala., for defendants Bd. of Comm'rs of Ala. State Bar Assn. and Reginald T. Hammer.

William J. Baxley, Atty. Gen., and Gordon Madison, Asst. Atty. Gen. of Ala., Montgomery, Ala., for defendant Justices of the Supreme Court of Ala.

Before RIVES, Circuit Judge, and JOHNSON and VARNER, District Judges.


OPINION

BY THE COURT:

Title 46, section 39 of the present Alabama Code1 provides an oath of office to be taken by each applicant for admission to the Alabama Bar. Plaintiff challenges that portion of the statute which requires him to close the oath with the phrase "so help me God." He contends that it would be contrary to his religious principles for him to take an oath to God before state authorities.

It has been stipulated...

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