U.S. Air Force Violates Constitution by Requiring Enlistees to Swear “So Help Me God.”

In a
letter to the Secretary of the Air Force the secular humanist
group the Center for Inquiry (CFI) cites the case of an atheist
airman who was, allegedly, denied reenlistment because he refused
to utter “So help me God” when affirming his oath to defend the
Constitution. If that is the case, he stands on solid ground since
the Constitution in
Article 6 specifically states:

The Senators and Representatives before mentioned, and the
members of the several state legislatures, and all executive and
judicial officers, both of the United States and of the several
states, shall be bound by oath or affirmation, to support this
Constitution; but no religious test shall ever be
required as a qualification to any office or public trust under the
United States.

The oath is
specified by 10 U.S. Code Section 502:

(a) Enlistment Oath — Each person enlisting in
an armed force shall take the following oath:

“I, XXXXXXXXXX, 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.”

Apparently, up until last October the Air Force had permitted
its members to omit the phrase “So help me God” from its oath. The
CFI acknowledges that the 10 U.S. Code Section 502 does not appear
to make any part of the oath optional, but notes that the U.S. Army
regulations state:

A commissioned officer of any Service will administer the Oath
of Enlistment in DD Form 4 orally, in English, to each applicant.
Make a suitable arrangement to ensure that the oath is administered
in a dignified manner and in proper surroundings. Display the U.S.
flag prominently near the officer giving the oath. The words “So
help me God” may be omitted for persons who desire to affirm rather
than to swear to the oath.

The Army clearly and correctly recognizes the primacy of the
U.S. Constitution over statutory law. It is notable that the 1789
enlistment oath that remained in effect until 1962 eschewed any
mention of a deity. The Army website tracing the history of the
1789 oath reports:

It came in two parts, the first of which read: “I, A.B., do
solemnly swear or affirm (as the case may be) that I will support
the constitution of the United States.” The second part read: “I,
A.B., do solemnly swear or affirm (as the case may be) to bear true
allegiance to the United States of America, and to serve them
honestly and faithfully, against all their enemies or opposers
whatsoever, and to observe and obey the orders of the President of
the United States of America, and the orders of the officers
appointed over me.”

Let’s go back to that. If the Air Force is requiring its
enlistees to swear to God, it is violating the Constitution that
its members swear or affirm to defend.