Constitutional Law, Politics, Religion, Society

Air Force Bars Atheist From Reenlisting Unless He Signs And Orally Repeats an Oath To God

1280px-Oath_of_enlistment_·_DF-ST-91-07705150px-Seal_of_the_US_Air_Force.svgThere is an interesting case of religious freedom that has arisen at Creech Air Force base in Nevada where an unnamed airman has been told that he will not be allowed to re-enlist because he does not want to take an oath including the words “so help me God.” He is an atheist and, for obvious reasons, finds the words objectionable. Curiously, despite that fact that he clearly does not believe in God, the Air Force wants him to swear to God as a condition for his serving his country. It is not only a violation of this constitutional rights under the First Amendment but an offense to the many atheists who have served and continue to serve our country.

The American Humanist Association has complained to the Air Force Inspector General that the rule not only violates First Amendment but also Article VI, which bars using a religious test as qualification to any office or public trust of the United States.

The Air Force insists that they have no leeway because the oath is contained in a statute. Notably, however, the Air Force used to allow airmen to omit the words but changed the policy during the Obama Administration. The old version of Air Force Instruction 36-2606 included an exception: “Note: Airmen may omit the words ‘so help me God,’ if desired for personal reasons.” The change in 2013 requires that even atheist be forced to swear to God as a condition for service.

In this case, the airman simply crossed out the phrase “so help me God.” He was told that who have to both sign a statement swearing to God and then recite those words.

The statute, 10 U.S.C. 502, states:

§502. Enlistment oath: who may administer
(a) Enlistment Oath.—Each person enlisting in an armed force shall take the following oath:
“I, ____________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

Notably, if this goes to court, the airman would not be required to swear to God on a bible as an atheist. Instead, he is allowed to attest that his testimony will be true under an alternative to the religious oath:

If any person of whom an oath is required shall claim religious scruples against taking the same, the word “swear” and the words “so help you God” may be omitted from the foregoing forms, and the word “affirm” and the words “and this you do under the penalties of perjury” shall be substituted therefor, respectively, and such person shall be considered, for all purposes, as having been duly sworn.

The refusal to accommodate the religious beliefs of this service member is deeply disturbing and contravenes core American values. He should challenge the rule under the Declaratory Judgment Act in federal court. He will then doubly serve his country in standing against not just enemies from without but those within our country who refuse to respect the religious or non-religious views of all citizens.

Source: Air Force Times as first seen on ABA Journal

850 thoughts on “Air Force Bars Atheist From Reenlisting Unless He Signs And Orally Repeats an Oath To God”

  1. davidm2575;

    The Law should be taught (in HS) as Legal 101 basics (not subject to any framers religious {or otherwise} posturing).

    Basic contract law (Intent to Sell, To Buy, Contract of Sale, Bill of) would go very far in educating the public at large, on the legal issues (and thought process thereof), germane to a free flowing society

  3. Yes, Paul. Early voting is a new concept. State voter IDs with photos are also a new concept.

    Some new concepts move us along a progressive path and provide better services to citizens. Some new concepts don’t.

    1. In the olden days we all knew each other at the polling place. As James O’Keefe has proved, that is no longer true. When I first started voting half the people in line could attest to who I was. Today, I go with a neighbor and she is the only one who could say. 🙁

  4. Any argument by the Right of what the Left is doing wrong and/or the Left of what the Right is doing wrong; is an exercise self serving (at best).

    Voting Civil Rights are not arbitrary/capricious issues;
    and cleanliness of process MUST be a bi-partisan foremost.

    It is only a matter of time – till we have a left side progressive party v right sided of same (because the principal of One Nation Under G-d doesn’t apply any more).

    Denying the inevitable end of horse carriages – didn’t end the impending need for highways.

  5. Nick I don’t have to tell you what a ‘bad guy” O’keefe is, he proved it with his conviction and having to pay the 100,000$ to his acorn victim

    1. leejcaroll – that was one of many victims of O’Keefe. I am still surprised that he won, but then people are surprised that OJ was found not guilty.

  8. someone asked up thread about proof ACORN false video from O’Keefe. I ad posted those links but it seems to have gone to spam. (This was one in case that post doesn’t show up)
    And Nick, but he didn’t vote so there was no voter fraud.

    1. leejcaroll wrote: “Nick, but he didn’t vote so there was no voter fraud.”

      The problem with documenting voter fraud:

      1. If you show the potential for voter fraud by being allowed to vote as someone else, but you don’t actually commit the crime and vote, then it doesn’t count as voter fraud because no vote was cast.

      2. If you actually catch someone committing voter fraud, the vote is not counted, so again, no voter fraud was committed. The guy was caught and the vote never happened.

      3. If voter fraud actually happens where the fraud is not found, well, that is not voter fraud either because it cannot be documented and proven.

      So the conclusion is that it is impossible to prove voter fraud to someone who already has made up their mind that it never happens.

  9. “BECAUSE we chose a Representative Democracy.”

    Annie,
    It’s a Constitutional Republic. The former governs by the will of the people and the latter governs by the rule of law….for now.

  11. Anonymously Yours,

    Many thanks. Of course this is an awfully long thread and one can’t remember comments verbatim, but as I remember it, that comment seemed rather benign.

    Note to self: Extra caution advised when addressing Paul and any misapprehension he may have posted.

  13. think went to spam – a reply to Nick. Only had 2 links so not sure why it is gone. (although ones yesterday had no links. Guess wordpress is just bein’ ornery.)

  14. docmadison – this whole early voting is a ‘new’ concept in American voting. Shortening the days, actually they have more than Arizona (I think) is not voter suppression. It is just making it less convenient. However, it was a hot election and voters came out in large numbers.

    We usually get an estimate of the number of voters expected at the polls and I base my timing on that.

    1. annie – not to hurt your feelings, but I really do not care what Positivist Law Theory is. I am a pragmatist. What is the damn law and am I breaking it! That is what I want to know.

    2. So where does Gov. Taft fit into all this? I do not see his name in any of the articles.

  17. Thanks Paul (for the well wish).

    And (sad but true) it is highly unlikely I will ever see a dime. The powers that be MUST make sure that others are not encouraged to fight the battles (as I’ve done).

    Money has never been the motivating factor….

    If I didn’t fight (and gather much Smoking Gun evidences);
    chances are – we’d already have lord Pitten’s as POTUS.

    Someone has to stand up and cry havoc of the Civil War;
    (of USAG saying No one’s too big to jail – and such being Bull [c]hi–)

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