SOCIETY OF SEPARATIONISTS, INC. v. HERMAN

No. 90-8660.

939 F.2d 1207 (1991)

SOCIETY OF SEPARATIONISTS, INC., et al., Plaintiffs-Appellants, v. Guy HERMAN, Judge of the Travis County Court at Law, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 28, 1991.


Attorney(s) appearing for the Case

John W. Vinson, Austin, Tex., for plaintiffs-appellants.

James M. McCormack, Asst. County Atty., Ken Oden, Travis County Atty., Austin, Tex., for defendants-appellees.

Before CLARK, Chief Judge, and GOLDBERG and GARWOOD, Circuit Judges.


GOLDBERG, Circuit Judge:

An atheist, summoned for jury duty in a Texas court, declined to take the required pre-voir dire oath because it included a reference to God. Offered an affirmation containing a reference to God, she continued to refuse. When she was offered the opportunity to raise her hand and be affirmed without such reference, she still declined, explaining that she considered an affirmation just as religious as an oath. The judge disagreed with her belief...

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