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AMP Report – December 6, 2006
Row over Ellison’s decision to take oath on the Quran
The choice by Keith Ellison, the first Muslim elected to the U.S. Congress, to take his oath of office on the Quran, has stirred a debate.
Ellison has been criticized by some Christian organizations and a conservative radio host, who say that even if the law allows him to take an oath on the Quran, he should adhere to what they call the historical tradition of taking the oath of office on the Bible.
The American Family Association (AFA) urged lawmakers to pass a law requiring that the Bible be used in congressional swearing-in ceremonies. The AFA pointed out that the American values are based on the Bible and not the Quran.
Radio talk show host and author Dennis Prager wrote in his column: "Mr. Ellison, America, not you, decides on what book its public servants take their oath,".
He went on to say that if Keith Ellison is allowed to change that, he will be doing more damage to the unity of America and to the value system that has formed this country than the terrorists of 9/11. “It is hard to believe that this is the legacy most Muslim-Americans want to bequeath to America."
Prager said that American Jews routinely have taken their oath on the Bible, even though they don't believe in the New Testament, and that if Ellison refuses to do so, "don't serve in Congress."
House members are sworn in en masse in the chamber, and no Bible or other religious document is used for the oath. However, several incoming House members use Bibles for their individual swearing-in, which is administered by the House speaker and takes place after the official group oath.
Dave Colling, Ellison's spokesman said Ellison's office has received hundreds of "very bigoted and racist" e-mails and phone calls since Prager's column appeared. "The vast majority said, 'You should resign from office if you're not willing to use the book our country was founded on,' " Colling said.
Ellison's decision drew support from one prominent conservative firebrand, Congressman Tom Tancredo, who champions a fence along the border with Mexico and who says that unfettered immigration endangers American culture.
"He wants to take his oath on the Qur'an, that's fine," Tancredo said. "I think whatever you believe is necessary for you to uphold your obligations to the Constitution, that is fine with me."
According to Eugene Volokh, a professor of law at the University of California, Los Angeles, two former presidents -- Franklin Pierce and Herbert Hoover -- didn't swear their oath but chose to affirm it. He said that the Supreme Court has long held that Americans have the right to be treated equally, regardless of their religion, and that forcing Ellison to use the Bible would violate his rights.
Said Ron Eibensteiner, former Minnesota State Republican Party chairman: "It doesn't matter if he wants to be sworn in on the Qur'an; that's perfectly fine. We have in this country freedom of religion and free speech."
Tammy Lee, who ran against Ellison as an Independent in the Fifth Congressional District, agreed. "This country was founded on principles of freedom of religion. Our Constitution guarantees it, and as a newly elected member of Congress who's going to uphold the Constitution, he has every right to choose what religious traditions he wants to practice."
According to the Library of Congress, Theodore Roosevelt became the first and only president to take an oath without a Bible in 1901. In 1961, John F. Kennedy took his oath on a Catholic (Douay) version of the Bible. Several Jewish members of Congress have taken their oath on the Torah. Article VI of the Constitution specifies that "... no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Salley Collins, press secretary for the U.S. House Committee on House Administration, said the official swearing-in does not involve a good book of any kind. Next Jan. 4, she said, the newly elected speaker, expected to be Nancy Pelosi, of California, will ask all members to raise their right hands and take the oath.
"I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
Collins said the Bible-Quran issue could come up if a new member wishes to conduct a second swearing-in with the speaker, using a family Bible or, in Ellison's case, the Quran. But that ceremony is optional, ceremonial and symbolic. A photographer generally records the moment.
No religious book was involved when Ellison took the oath of office on the floor of the Minnesota House. According to House Chief Clerk Al Mathiowetz, members raise their hands together and are administered the oath by a jurist, usually a member of the Minnesota Supreme Court.
Ditto for courts across the state. Witnesses still swear to tell "the whole truth, and nothing but the truth, so help me God,'' but no longer put their hands on a Bible, according to a spokesman for the Minnesota Supreme Court. In fact, witnesses may opt for a nonreligious oath in which they "affirm" to tell the truth "under the penalties of perjury,'' instead of "so help me God.''
It may be pointed out that in 2005, a North Carolina judge refused to allow a Muslim woman to take her oath on the Quran before testifying. Guilford County Superior Judge W. Douglas Albright cited state law in the case, which reads that oaths are to be made upon "Holy Scriptures," which analysts agreed is a reference to the Bible.
Ibrahim Hooper, spokesman for the Council for American-Islamic Relations believes that with the rising level of Islamophobia in America, there are some people who see the empowerment of any Muslim as a threat to the Constitution.
Keith Ellison, a Democrat, made history when he became the first Muslim to be elected to the US House of Representatives in last month’s mid-term elections in which President Bush’s Republican Party lost control of the House of Representative and the Senate.
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