Opinion

Nicholson v. Board of Commissioners of the Alabama State Bar Ass'n

  • 338 F. Supp. 48
  • 1972 U.S. Dist. LEXIS 15297
Court
District Court, M.D. Alabama
Filed
Feb 1, 1972
Status
Published
Author
Johnson
On the bench
Rives, Johnson, Varner
Cited by
9 cases

holding that requiring a Bar applicant to take an oath ending with “so help me God” would abridge his right to a free exercise of his religious beliefs

How later courts described this case

  • holding that requiring a Bar applicant to take an oath ending with “so help me God” would abridge his right to a free exercise of his religious beliefs
  • both suggesting that when only equitable relief is actually sought, laches applies
  • statutory oath required for admission to bar, containing words "so help me God," violates Free Exercise Clause

Written by the judges who cited it.

The opinion

JOHNSON, District Judge

(specially concurring):

While I concur in the result reached by Judges Rives and Varner, I do not subscribe to the reasoning that provides the basis for the conclusion or the conclusion that the phrase of Title 46, section 39 of the Code of Alabama, “so help me God” constitutes a prohibition of the free exercise of religion in violation of the Constitution of the United States.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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