Jonah Patel
In 2018, a viral meme claimed that three Muslim women elected to Congress refused to take the oath of office and uphold the US Constitution. In reality, only two Muslim women, Rashida Tlaib and Ilhan Omar, were elected to Congress, and both prepared to take the oath of office, a constitutional obligation for all members of Congress. The US Constitution does not require any religious test for public office, and individuals are free to swear their oaths on any book of their choosing, such as the Quran, or simply affirm their support without a text.
| Characteristics | Values |
|---|---|
| Can a Muslim swear an oath to uphold the Constitution? | Yes, a Muslim can swear an oath to uphold the Constitution. |
| Is it mandatory to swear on the Bible? | No, it is not mandatory to swear on the Bible. |
| What can be used to swear the oath? | The oath can be sworn on any book, including the Quran, or any other object of significance. |
| Are there specific words that must be used? | There is a specific oath of office, but the word “swear” can be replaced with “affirm”. |
| Is there a religious test to hold public office? | No, Article VI of the US Constitution states that "no religious test shall ever be required as a Qualification to any Office or public Trust under the United States." |
| Can a Muslim uphold the First Amendment's freedom of religion? | It is argued that a Muslim cannot uphold this right because Islam requires that only Islam can be established as the religion of a nation. |
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What You'll Learn
The US Constitution does not require a religious test for public office
The No Religious Test Clause, also known as Article VI of the US Constitution, explicitly states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States". This clause was included in the Constitution to prevent religious discrimination and advance religious liberty and equality. It is worth noting that this clause is the only explicit reference to religion in the original seven articles of the US Constitution.
The inclusion of the No Religious Test Clause in the US Constitution means that Muslims, as well as individuals of any other faith or lack thereof, are not barred from holding public office. This clause protects federal officeholders, employees, and officeholders of "State Legislatures, and [...] the several states". It is important to note that this clause does not prohibit individuals from taking a religious oath or affirmation to uphold the Constitution, as long as it is their choice to do so.
In December 2018, a false claim spread on social media that three Muslim congresswomen-elect, later clarified to be Ilhan Omar and Rashida Tlaib, had refused to take the oath of office and uphold the Constitution. This claim was unfounded, as these women did indeed take the oath of office, using a Quran in at least one case, despite the fact that this is not a requirement.
While the US Constitution does not require a religious test for public office, it is worth noting that some states historically included language in their constitutions requiring state officeholders to have specific religious beliefs. However, these requirements were deemed unenforceable due to the 1961 Supreme Court decision in Torcaso v. Watkins, which ruled that such language violated the First and Fourteenth Amendments to the US Constitution.
In conclusion, the US Constitution's No Religious Test Clause ensures that individuals of any faith or lack thereof are eligible to hold public office, as long as they are willing to uphold the Constitution. This clause has been instrumental in promoting religious liberty and equality and preventing religious discrimination in the qualification for public office.
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Muslim Congresswomen can swear on the Quran
In 2018, a meme began circulating on Facebook claiming that three Muslim congresswomen refused to take their oath of office to uphold the US Constitution. This was false, as only two Muslim women, Rashida Tlaib and Ilhan Omar, were elected to Congress in 2018. Both women took their oaths of office on the Quran. Notably, there is no religious test required as a qualification for any public office in the United States.
Ilhan Omar, who became the first Muslim woman politician with a hijab to enter US Congress, used her grandfather's Quran for the swearing-in ceremony. She shared a photograph of the ceremony on Twitter, expressing her wish that her grandfather could have witnessed the historic moment. Rashida Tlaib, the first Palestinian female member of the legislature, also took her oath on a Quran, using a personal copy. She wore a traditional Palestinian thobe, or dress, for the occasion.
While there is no religious requirement for the swearing-in ceremony, individual members may choose to carry a sacred text. Some members carry a Bible, but it is not a requirement, and there is no reason anyone would object to carrying a Quran. When Rep. Keith Ellison, the first Muslim elected to the US Congress, announced his plan to use a Quran for his swearing-in ceremony, some Americans took offence. However, he was not technically sworn in with his hand upon a Quran.
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The swearing-in ceremony is a constitutional obligation
The specific wording of the oath of office is also prescribed by law, in 5 U.S. Code § 3331. The oath includes a pledge to "support and defend the Constitution of the United States against all enemies, foreign and domestic" and to "bear true faith and allegiance" to it. This oath is taken by all newly elected members of Congress, regardless of their religious affiliation.
In the specific case of Muslim officials, there has been some debate about whether swearing an oath to uphold the Constitution contradicts their religious beliefs. Some have argued that the Constitution's reference to "the year of our Lord" indicates a Christian perspective that may conflict with a Muslim's oath. However, it is important to note that the First Amendment of the Constitution also guarantees freedom of religion, stating that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof."
Despite this debate, the swearing-in ceremony is still a legal requirement for all elected officials, including Muslims. While historically some states had religious test oaths, the Federal Constitution has always prohibited this practice. This means that Muslim officials are free to choose how they want to swear their oath, including using the Quran or any other text that holds meaning for them.
In summary, the swearing-in ceremony is a constitutional obligation for all elected officials, regardless of their religious beliefs. The U.S. Constitution specifically prohibits religious tests for public office, allowing for oaths or affirmations to be made in a way that is meaningful to the individual. This ensures that Muslims, and individuals of all faiths, can uphold the Constitution while also remaining true to their personal beliefs.
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An affirmation is a way to include those who oppose swearing oaths
In the United States, the inclusion of the word "affirm" in the oath of office allows Muslims to uphold the Constitution without breaking Islamic law. The relevant clause in the Constitution states that officials are "bound by Oath or Affirmation, to support this Constitution". This means that officials can choose to swear an oath to God or affirm their support without referencing a deity.
Affirmation is a way to include those who oppose swearing oaths, such as Muslims. In Islam, oaths are considered extremely serious, and taking a false oath is considered a grave sin. The Quran states that Allah has forbidden Muslims from swearing by their fathers and that they should only swear by Allah or remain silent. The Shahada, or Islamic oath and creed, is one of the Five Pillars of Islam and is recited by Muslims during the Sufi ceremony of dhikr. It reads: "I bear witness that there is no god but God, and I bear witness that Muhammad is the Messenger of God." The Shahada is also whispered into the ear of a newborn child and a dying person.
Muslims are allowed to swear oaths by Allah, and references to the One True Creator, such as "God", are also acceptable. However, it is not permissible to swear an oath with the name of anyone else, not even the Prophet Muhammad. This is because the use of Allah's name adds weight to what is being said, and using it falsely is considered a major sin.
The option to affirm instead of swearing an oath allows Muslims to uphold the US Constitution without committing a religious transgression.
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The First Amendment's comment on religion
The First Amendment to the United States Constitution contains two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from "establishing" a religion. This means that the U.S. government cannot establish a national religion or favour one religion over another. The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England.
The Free Exercise Clause guarantees that a person can practice or exercise their religion without government interference. This means that individuals are free to practice their religion without the government imposing any restrictions or retaliating against them based on their religious beliefs.
These two clauses often push against each other, presenting the Supreme Court with the challenge of determining which outcome best complies with the First Amendment. For example, in cases involving religious schools, the state and federal governments cannot favour them, but depriving them of government aid may violate the Free Exercise Clause.
The Supreme Court established the Lemon test in Lemon v. Kurtzman (1971) to determine whether a law entangled government and religion in violation of the Establishment Clause. The test asks:
- Does the statute have a secular legislative purpose?
- Is the primary effect of the statute to burden or advance religion?
- Does the statute foster an "excessive entanglement" with religion?
However, the abstract nature of the Lemon test has made it difficult to apply consistently, and in Kennedy v. Bremerton School District (2022), the Court rejected this line of case law, suggesting that it had been abandoned long ago.
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Frequently asked questions
No, this is a false claim. In December 2018, a text-based meme claiming that three Muslim congresswomen refused to take their oath started circulating on Facebook. However, only two Muslim women, Rashida Tlaib and Ilhan Omar, took the oath of office as members of the U.S. House of Representatives in January 2019.
No, according to Article VI of the US Constitution, "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This means that anyone, regardless of their religious beliefs, can qualify for office as long as they take the oath or affirmation to support the Constitution.
The oath of office, as outlined in 5 U.S. Code § 3331, states: "I, [name], 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; 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."
Yes, a Muslim can choose to swear on the Quran if they prefer. However, it is not necessary to swear on any religious text. They can swear on any book or object that holds significance for them, or simply raise their right hand to affirm their oath.
