Jan. 6 select committee should offer witnesses secular affirmation, FFRF urges

A national association of freethinkers (atheists and agnostics) is asking the House committee investigating the attack on the U.S. Capitol to grant witnesses the option of making a secular affirmation when theyā€™re being sworn in to testify. 

The Freedom From Religion Foundation, a state/church watchdog, has heard concerns about the religious oaths from many of its members across the nation. The apparent decision to automatically present witnesses with a religious oath has seemed incongruous, particularly given the committeeā€™s investigation into an event that involved significant participation by white Christian nationalists. The committee is apparently assuming that all witnesses are religious or prefer a religious oath.

ā€œWe would prefer to see the government instead uniformly offer witnesses a secular affirmation, which is offensive to no one and does not require a religious or nonreligious minority to publicly out themselves as unorthodox,ā€ FFRF Co-Presidents Dan Barker and Annie Laurie Gaylor write to Jan. 6 Select Committee Chair Rep. Bennie Thompson. ā€œMinimally, we ask that you give witnesses a choice, instead of (apparently) assuming they are all religious. The current practice sends an unfortunate (and probably inadvertent) message to the American public that the committee believes a pledge to a deity is required to ascertain truthfulness, e.g., that nonreligious individuals are not as trustworthy or truthful as religious witnesses.ā€

Providing a secular oath or at least acknowledging a secular option for a witness upholds the fundamental American principle of keeping religion and government separate, FFRF emphasizes. The desire of the Framers to honor freedom of conscience is evidenced in the U.S. Constitutionā€™s prescribed presidential oath of office, which begins with the language ā€œI do solemnly swear (or affirm),ā€ and does not close with ā€œso help me God.ā€ (This add-on at presidential swearing-in ceremonies did not become common until the 20th century.) 

Article VI of the U.S. Constitution also prohibits any religious test for ā€œany office or public trust.ā€ Requiring witnesses to swear a religious oath excludes those who do not believe in a deity, effectively amounting to a de facto religious test. The Establishment Clause of the First Amendment prohibits the government from taking a position on matters of religion, which demands a secular option to any sworn testimony. 

Plus, there is a jarring irony in the unwarranted religious oath because the major driving ideology behind the Jan. 6 attack ā€” thus far not mentioned during the hearings ā€” is white Christian nationalism. FFRF and the Baptist Joint Committee published a comprehensive report on white Christian nationalismā€™s role in the Jan. 6 insurrection documenting a religiously motivated ideology that functioned as an adhesive force of otherwise disparate groups of insurrectionists, and as a permission structure that justified assaulting the Capitol and jeopardizing American democracy itself.

The select committee shared new Jan. 6 footage that further confirms the prevalence of white Christian nationalism, including Christian flags flown alongside American flags. This highlights the defining characteristic of white Christian nationalism, the un-American notion that one must be Christian to be a true American, along with a longing for some idealized time in the past when white Christian supremacy went largely unchallenged. With this backdrop, the exclusionary religious oaths are particularly troublesome. 

ā€œNonreligious Americans are the fastest growing segment of the U.S. population by religious identification ā€” three-in-10 adult Americans (29 percent) now identify as religiously unaffiliated,ā€ the letter concludes. ā€œWe respectfully encourage the Select Committee to take the rare opportunityā€”with our nation watching the hearings ā€” to demonstrate that all citizens can participate equally in governmental proceedings without professing belief in a deity, or making known their dissent.ā€ 

Read FFRFā€™s letter to the Committee

The Freedom From Religion Foundation is a national educational nonprofit association with more than 36,000 members across the country and has members in all 50 states, the District of Columbia and Puerto Rico. FFRFā€™s purposes are to protect the constitutional separation between state and church and educate about nontheism.

Freedom From Religion Foundation

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