After receiving a series of complaints from the Freedom From Religion Foundation, the U.S. District Court for the Middle District of Florida in Fort Myers will no longer deny witnesses their right to be sworn in with a secular oath.
During a March 2011 trial, a FFRF complainant was denied access to a secular affirmation. The witness had previously requested a secular affirmation be given, even though though this option was never offered. After several misunderstandings the witness was asked to "drop the issue" by his attorney for fear of biasing with his testimony. FFRF first took issue with this blatant state/church offense on June 20, 2011, in a letter to Judge Anne Conway. "The U.S. Supreme Court held that 'neither a State nor the Federal Government can constitutionally force a person to profess a belief or disbelief in any religion,'" wrote Stephanie Schmitt, FFRF staff attorney.
Any attempt to force a witness to take a religious affirmation is in direct violation of the Free Exercise Clause.
FFRF wrote two letters following its initial complaint in June. On Feb. 13, Conway replied: "Regarding the issue addressed in your letter, I have reminded the judges of the Middle District of Florida of the provisions of Fed. R. Evid. 603 and the Advisory Committee Notes concerning that rule."