American Civil Liberties Union of North Carolina & Syidah Mateen v. State of North Carolina, 181 N.C. App. 430, 639 S.E.2d 136 (2007), was a court case in the state of North Carolina within the United States of America. One of the main plaintiffs was Syidah Mateen an American-Muslim of Greensboro, North Carolina. She and the North Carolina chapter of the American Civil Liberties Union called for the state courts of North Carolina to rule that it is acceptable under the laws of the state for non-Christians to swear on religious texts of their own faith rather than the Bible of Christianity.
Mateen as witness in 2003 In 2003 Syidah Mateen (a computer analyst for radiology clinics, born in 1964) was a witness set to testify in a domestic violence protective order hearing, before Guilford District Judge Tom Jarrell. Reprinted by American Muslim Perspective, Retrieved on January 22, 2007 When asked to swear on a King James Version of the Bible, Mateen, a lifelong Muslim, asked "Do you have a Qur'an available?" Mateen recalled later that she "was actually shocked that they didn't have any".
North Carolina's state law "allows witnesses preparing to testify in court to take their oath in three ways: by laying a hand over 'the Holy Scriptures', by saying 'so help me God' without the use of a religious book, or by an affirmation using no religious symbols".
When told that there was no Qur'an in the courthouse Mateen's testimony was allowed after she agreed to affirm that she would be truthful.
While Mateen claims that Judge Jarrell told her that "all the courtrooms needed copies of the Quran", Jarrell maintains he told her only that "he would look into the legality of such oaths if she wanted to bring a Quran in the future".
Attempted donation rebuffed Mateen's parents had converted to Islam in the early 1960s while living in Flint, Michigan. After moving to North Carolina, her father, L'Fatihah Mateen, established the Al-Ummil Ummat Islamic Center in Greensboro and served as its prayer leader (he died in 1997). In 2005 Syidah Mateen, not realizing that the lack of a Qur'an for oaths at the courthouse might be mandated by law, joined with other Muslim-American's at the Al-Ummil Ummat Islamic Center "to donate copies of the Qur'an to Guilford County's two courthouses". The Center's imam, Charles Abdullah "working through a judicial assistant, was prepared to hand over the Qurans", but two Guilford judges declined to accept the texts, saying "an oath on the Qur'an is not a legal oath under state law".
In Raleigh, the lawyer for North Carolina's Administrative Office of the Courts (AOC) issued a preliminary opinion that said "that state law allows people to be sworn in using a Quran rather than a Bible". This was refuted by Guilford County's Senior Resident Superior Court Judge W. Douglas Albright who sets policy for the county's nine Superior Court courtrooms. Judge Albright stated flatly "An oath on the Quran is not a lawful oath under our law." He maintained that the statute means the Bible and that if that is to be changed it is up to the North Carolina Legislature, "It's gotten way out there: They've got everything from the Book of Mormon to the Book of Wicca on the list. Our position is that the statute governs not only the type of oath, but the manner and administration of the oath, and that it's now a legislative matter to straighten out."
Guilford Chief District Judge Joseph E. Turner "told [Imam] Abdullah that he could not accept the Qurans for the courtrooms". After the Judges' statements the AOC's spokesman Dick Ellis said "We are not aware of any courtroom that has ever allowed anybody to swear on anything but the Bible." Judge Jarrell the presiding officer in the case where Mateen testified did not make any comment but "deferred any decision to the judges that set courtroom policy". Judge Turner did ask Imam Abdullah to "donate a copy of the Quran to the law libraries in the county's two courthouses" which the imam did.
In an interview with reporters on the matter Mateen stated "This is a diverse world, and everybody does not worship or believe the same. We'll just have to get in touch with the right people and determine our next move." It was added that Mateen "worries that people might consider her testimony less credible if they see her unwilling to swear on a holy text".
State law at issue North Carolina's oath-taking practices "date to 1777 but have evolved over the years". North Carolina's legislature first passed the oath-taking statutes in 1777. At that time, the title of the statute was "Administration of oath upon the Gospels". In 1985 the word "Gospels" was replaced by the term "Holy Scriptures".
Currently the North Carolina General statute on oath taking (§11-2) states: (emphasis added) "Judges and other persons who may be empowered to administer oaths, shall (except in the cases in this Chapter excepted) require the party to be sworn to lay his hand upon the Holy Scriptures, in token of his engagement to speak the truth and in further token that, if he should swerve from the truth, he may be justly deprived of all the blessings of the holy book and made liable to that vengeance which he has imprecated on his own head."
Prior to 1985 amendments to N.C.G.S. § 11-2, the statutory section read that Judges shall "require the party sworn to lay his hand upon the Holy Evangelists of Almighty God".
CAIR's comments When it was announced that the Qur'an was not to be allowed for swearing before testimony, the Council on American-Islamic Relations (CAIR) issued a press statement, "By stating that only one book qualifies as 'Holy Scriptures', the court may be making an inappropriate endorsement of a single set of religious beliefs. Eliminating the opportunity to swear an oath on one's own holy text may also have the effect of diminishing the credibility of that person's testimony." CAIR's Legal Director Arsalan Iftikhar said "CAIR will offer a free copy of the Quran to any judge in North Carolina or throughout the United States for use in oaths or for personal awareness of the holy text." CAIR's Legal Director in Washington D.C, Arsalan Iftikhar, said of the case, "This shows there's a lot of anti-Muslim sentiment, especially here in the United States."
Interfaith support for allowing Qur'an oaths On July 6, 2005, a group of more than 20 religious leaders from the Guilford County area, "including those of Christian, Jewish and Buddhist faiths", sent a letter to Superior Court Judge W. Douglas Albright, who said an oath on the Quran is not lawful. The letter noted that "North Carolina is an increasingly diverse place and says that religious differences need to be respected." It went on to say "In North Carolina, we continue to be people who take our religious beliefs and practices very seriously. But we no longer live in the Bible Belt. Today, we live in the Bible-Talmud-Qur'an-Veda-Dhammapada-Guru Granth Sahib-Kitabi Iqan Belt. It is imperative for our civic leaders, school teachers, judges, and law enforcers to appreciate and respect the religious differences found in our population." Reprinted by American Muslim Perspective, Retrieved on January 22, 2007 The executive director of FaithAction (an interfaith organization) Rev. Mark Sills, signed the letter and said that the Qur'an oath case "struck us as an issue that needs to be confronted". He asked Christians to imagine what it would be like to live in a place where the Bible was not allowed for oaths, saying "That just feels like a slap in the face." Rev. Julie Peeples, pastor of Greensboro's Congregational United Church of Christ, signed the letter and said "I think it's an opportunity to foster greater respect for all the traditions we have in Greensboro." The superintendent of the Greensboro District of the United Methodist Church, Rev. Frank Stith, said "it makes sense for people to be able to use a book that means something to them", explaining "The point is to have something that stands behind someone's word."
ACLU involvement The North Carolina chapter of the American Civil Liberties Union became involved when on June 28, 2005 they called on the AOC to "adopt a policy allowing the use of the Quran and other religious texts for the swearing of oaths in court proceedings". When on July 14, 2005 the state Administrative Office of the Courts declined to intervene (indicating "that either the legislature or a court ruling would have to decide this question") the ACLU took the issue to court. In July 2005 they argued in court that "the term 'Holy Scriptures' appearing in the statute refers not only to the Christian Bible, but also to other religious texts including, but not limited to, the Quran, the Old Testament, and the Bhagavad-Gita". The ACLU argued that since in 1985 "the term 'Gospels' was eliminated from the section [on oaths] and the term 'Holy Evangelists of Almighty God' was changed to 'Holy Scriptures', the message sent by the Legislature was clear: no longer would the Christian Bible be the only religious text which could be used in a swearing ceremony. Stated differently, the term 'Holy Scriptures' is broad enough to include the Quran." The state attorney general's office argued in court papers that the ACLU lacked the right to sue because there is no controversy between them and the state of North Carolina. This led them to add Muslim Syidah Mateen as a plaintiff on November 29, 2005.
Christian social conservative groups respond Michele Combs, communications director of the Christian Coalition said "We don't have a state-run religion in this country and it's an honor to worship here, but some traditions that we've had for 200 years need to stay."
Erik Stanley, a lawyer for the Christian law group Liberty Counsel claimed the suit "was not simply intended to include other faiths". He went on to say: "The ACLU is not attempting to bring accommodation. That already exists. They're trying to erase history. Courtroom oaths have always been done on the Bible."
December 2005 ruling On December 5, 2005, Superior Court Judge Donald L. Smith (serving as an emergency judge) heard arguments on the case in a hearing that lasted less than half an hour. Lawyers on both sides were given seven and one-half minutes to make their case and no witnesses were heard. Assistant Attorney General Grady L. Balentine Jr. argued "that state oath-taking law is constitutional because it allows people to affirm if they don't wish to swear on the Christian Bible. No one is required to do that, that's our only position in this case." The ACLU's attorney Seth Cohen argued that if "Holy Scriptures" is interpreted to not include non-Christian texts, then the law is unconstitutional, as "the exclusive use of the Christian Bible for courtroom oaths violates the First Amendment's Establishment Clause in the U.S. Constitution". Both lawyers answered one of the Judge's questions by agreeing to "a longstanding legal tradition: When a law is susceptible to multiple interpretations, a judge should always rely on the interpretation that makes the law constitutional."