Date. April 17th 2006 A.D.
To: Ron Lemieux the private man acting as the minister of transportation having jurisdiction over the Highway Traffic Act and subsequent seizures of Public Service vehicles or Commercial Vehicles.
From: Minister of Christ Edward-Jay-Robin: Belanger
C/o Post Bag Kamsack Saskatchewan No code non commercial
Dear Ron I am writing to your in your private capacity as of my particular religious beliefs of not communicating to corporate legal fictions and not bowing to nor serving false god’s. I am also gaining a private agreement with you. Your office is factually de facto meaning illegitimate and as such I cannot submit my ministry to you in that regard as it is a legal fiction and corporate as in commercial.
I as God Jehovah’s minister have been the subject of religious persecution and obstruction for the performance of functions of my calling namely exercising my freedom going to and from Church meetings and the service of God Jehovah in my Church of the Ecumenical Redemption International Automobile which is not a delivery vehicle nor involved in any commercial activity nor am I privately contracted with any dead in law commercial corporate entities.
1.It is agreed with no dispute to the fact Mammon in the King James Bible refers to the pursuit of wealth which is the definition of Commerce as provided by Jesus Christ at Matthew 6:24 in her Majesty’s King James Bible that she defends with all of her power and whom you swore an oath to be truly allegiant to in order to get your job!
2.It is agreed with no dispute to the fact that Section 176 of the criminal code, that I make no use of , but bring to your attention for your own benefit, was enacted on behalf of Queen Victoria in 1867 to protect the Church and it’s ministers from harm and to carry out her own Coronation oath in law.
It is my hope you will realize that the continuance of having contracted police who have no statute to enforce their activities but rather an memorandum of agreement unenforceable in law upon private men and women, will be reviewed and property seized subsequent to violations of the criminal code by these unlawful agents of law.
3.It is agreed in understanding with no dispute from you that The King James Bible has standing in all of her majesty’s courts and the lawyers who have taken an oath to her Majesty to be truly allegiant to her are violating their own oaths when they intimidate men like myself engaged in the Christian ministry performing the functions of our calling as protected by section 122, 126, 176, 180, and 423 of the criminal code of Canada. Ezekiel 33:6 means I am warning you of the hole in your own law you will fall into and I make no use of that dead corporate law.
4.It is agreed and understood by you with no dispute to the fact that I have no recognizable or valid contract with the province of Manitoba nor with the RCMP in Manitoba or any other sovereign province.
5.It is agreed with no dispute to the fact that my communal Church Auto a 1990 Cadillac Sedan Deville is an unregistered conveyance of the ministry and as such is not subject to the laws of a commercial nature designed for commercial entities registered with the corporation of Manitoba.
6.It is agreed with no dispute to the fact that on February 27th I was returning from one of my ministerial functions in Winnipeg on February 27th when I was accosted and arrested by one RCMP de facto officer of corporate law for the lawful procession in ecclesiastical form of returning from a Church of the Ecumenical Redemption International meeting in Winnipeg with Moon Ravenstone one of our Ecumenical Ministers.
7. It is further agreed with no dispute as to the truth of the fact I was also accosted and arrested in Winnipeg on February 26th by Two of the cities police officers who were informed of my status but chose to ignore the law and did intimidate me and arrest me on the pretence of Executing a civil law namely driving without a license and registration.
8.It is agreed by you with no dispute to the fact that Both arrests were unlawful discriminatory and intimidation to my ministry and did unlawfully obstruct me from continuing.
9.It is further agreed by you with no dispute to the fact that the former arrest and seizure was effected unlawfully by de facto unlawfully contracted agents of the de facto corporation of Manitoba namely the private man acting as RCMP detachment commander called by name of John Haley ,in Neepawa Manitoba, on the pretense of Executing the Hwy Traffic act which only applies to and includes,,,commercial or public service vehicles. He did violate section 176 of the criminal code on February 27th 2006 A.D.and did arrest me unlawfully
10.It is agreed with no dispute to the fact that the former facts agreed upon are not an opinion or an interpretation but factual upon the evidence in the regulations of the de facto corporate government of Manitoba which states those facts in plain English.
11.It is agreed with no dispute to the fact that Manitoba is a corporation making corporate law as that is the only law a corporation can make and it only can apply to the members of the corporation! Section 32 of the Charter of Rights and freedoms offers more clarity,
12.It is agreed and understood with no dispute to the fact that the laws of a corporation, which is dead in law, can only apply to members of that dead in law corporation. The dead can have no control over the living as the created can cannot command the creator!
13. It is agreed with no rebuttal to the fact that all de facto authorities are impostors and have no sanction from the Queen to intimidate any man or woman from practicing their Christian faith.
14. It is agreed with no rebuttal to the fact that if you ignore this good faith ecclesiastical agreement and proceed to intimidate me while in your de facto capacity that you consent to the fact and admit to be actively and irrefutably involved in a conspiracy to violate my faith in the King James Bible!!
15.It is agreed by you with no rebuttal to the fact you consent to pay me 1 million Dollars $1,000,000.00 in Gold Maple Leaf coin for the damages to my ability to practice my faith unimpeded and that you will, once our agreement is witnessed and published, provide me the name and address of your liability insurance bond agent to pay for damages due to your intimidation should you choose to break the laws and violate your oath.
16.It is agreed understood and with no rebuttal to the fact that the Sikh’s from Quesnel British Columbia sued the RCMP in 1980 and easily recouped $10,000,000.00 for the rejection of one man from RCMP employment as of his faith to wear a turban.
17.It is agreed that the Queen defence of the King James Bible as of oath and duty is decidedly more powerful as standing and defence than the turban.
It is agreed you have seen no prove of any malevolent act from me and hearsay or assumption is not admissible in court.
18.It is agreed with no rebuttal to the fact that I cannot be forced to violate my faith and register or contract with a false god de facto government or commercial court formed in her majesty’s name!!
Application of Charter
1. This Charter applies
a. to the Parliament and government of Canada in respect of all matter within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
b. to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
2. Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations.
This Quote above is directly from Heritage Canada’s website
It is agreed with no dispute to the fact that mans corporate law only applies to government entities Ron and if that the Charter so mentioned is the Supreme law of Canada as a corporation you agree that all those laws, which are subordinate to the supreme law of Canada, have zero applicability to me as God’s minister and are also of zero applicability to me privately as a man of no ministerial status unless I have consented and registered as part of t he corporate structure. This law from Ontario explains
6.5 Special situations of religious organizations
Religious organizations should consider certain issues carefully before incorporating.
If a religious organization becomes incorporated, its ecclesiastical, canon or church laws, rules or regulations may be subject to the Corporations Act. This means that if any ecclesiastical, canon or church law, rule or regulations conflicts with the Corporations Act, the organization, once incorporated, must comply with the Corporations Act and will no longer be able to use that law, rule or regulation in administering its affairs.
As you can see registering with dead corporate bodies requires servitude!!
A corporation is a Person not a man, and Ron I wish you to know I cannot submit myself to persons or show respect to them shown guidance from my Bible Deuteronomy 1:17;10:17;Acts10:34 Romans 2:11and James 2:9 who really sums it up.
If should show respect to persons I will be convinced of the law as a transgressor!
That word comes form Latin and means a mask worn by player on a stage.I assure you I am know mask and most certainly not an act.
As you can see once registered as a corporate member of your corporation I am locked into some assumed contract from hell. I exposed those warped contracts as being achieved by fraud but many will not think for themselves and research to see the truth.
My Christian ministry defended by the Queen, you took an oath to God to bear true allegiance to, is not to be dictated to Ron unless I am in commercial transport or for hire or have harmed a man woman or property. I am neither nor am I harming any man woman or Child as I bring the Word of my savior to others who are in need of my special knowledge like what I have shared with you.
Driving is also a commercial term issued in the depths of your own regulations.
Drivers Hours of Service Regulation
CODE DE LA ROUTE H60 -- R.M. 193/89
"commercial vehicle" means a motor vehicle
that is (a) a public service vehicle, ("chief place of business")
(b) a commercial truck having a registered
Gross having a gross vehicle weight of 4,500 kg or more, or
12. ("daily log")
(c) a regulated school bus
commercial "consecutive days" means all the days in a ("driving time")
period of days beginning on any day at the time
a carrier designates as the beginning of a 24-hr period;
daily log" means the calendar day record referred to in section 12;
"director" means the person designated by the expression
minister pursuant to section 3;
"driver" means a person who drives a commercial
Even Sikh’s are given leeway in you enactment as registrant’s of which I am not nor wish to be. http://www.sikhcoalition.org/LegalCanada1.asp
The provisions of subsection 187(1) of
Les dispositions du paragraphe 187(1)
The Highway Traffic Act do not apply to
du Code de la route ne s'appliquent pas :
(a) a person riding a motorcycle in a lawfully
a) permitted and authorized parade;
(b) a bona fide member of the Sikh religion; or
TO come out of the laws of men you must know the laws of God as only they apply!
.The Highway Traffic Act has definitions “Including”
private automobiles used for unregistered religious purposes (176 Criminal Code) and not being , passenger (Paying Customer)vehicle cars or *delivery cars* ( again a commercial term), were intended to be regulated they quite irrefutably would be listed and as such under the purview of the regulation. Since they are not included their inextricably excluded as a commonly known Maxim of law.
("delivery" means the completion of a contract by commercial transaction)
(a) the tender and receipt of the commodity or of an instrument evidencing title to or the right to the commodity pursuant to the procedures established
From the Manitoba Highway Traffic Act Definitions
"delivery car" means a passenger motor vehicle or a sedan delivery used, in either case, for delivery purposes, but does not include a public service vehicle or a taxicab
"driver's licence" means
(a) a driver's licence under this Act that authorizes the licence holder to drive one or more classes of motor vehicle( All Commercial) as prescribed in the regulations under this Act; and
Again from the Highway traffic Act. Notice how private not for hire non commercial automobiles are not in what’s included
"motor vehicle" means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, and includes a snow vehicle capable of registration under subsection 4.11(2), but does not include a farm tractor, an implement of husbandry, a special mobile machine, an off-road vehicle or a power-assisted bicycle
"owner" includes a “person”( a corporation) who has exclusive use of a vehicle under a lease or other agreement ???for a period of more than 30 days.
Meaning of "owner" for permit purposes
87(1.1) In this section, "owner", in relation to vehicles, includes a person who, in the course of a business or other undertaking, engages the services of vehicles to carry persons or property. ( Commercial action) Passenger is also a commercial term
Commercial relates to vehicles that are primarily operating for profit, normally with paying passengers.
A commercial vehicle is also considered a non-pleasure vehicle. Commercial vehicles are business operated and include vehicles managed by federal, provincial and municipal departments and agencies via statutes.
"peace officer" means
(a) a member of the Royal Canadian Mounted Police Force or another police officer, police constable or constable, or another person employed for the preservation and maintenance of the public peace; and ( How is no license to minister the word of God and exercising my freedom of passage breaching the peace ? )
(b) a person appointed under this Act to enforce this Act or the regulations.
( No legislature can hire a federal employee as a lawful agent of the Attorney general according to Section 2 of the Criminal code as per sections 91 and 92 of the BNA prohibit it) Canada’s geographical boundary is limited to Nunavut the NWT and Yukon as well as reserve land and National parks. (Canada Land Survey Act notice no provinces!)
From HTA regulations
"motor vehicle" means a self-propelled motor vehicle
having a permanently attached truck, bus or delivery
body and includes a truck tractor used for hauling purposes on a highway.
(Note delivery is a commercial term) We in our Christian ministry are not commercial entities.
"passenger vehicle" means a motor vehicle classified by a manufacturer as a passenger car or which is designed, constructed or adapted for the principal purpose of transporting passengers and includes a delivery car but does not include a motor cycle, moped or motor vehicle which is designed, constructed or adapted for the purpose of carrying goods or commodities;
"public service vehicle" means a motor vehicle or trailer operated by or on behalf of any person, for the transportation for gain or compensation of persons or property upon the highway, and includes a semi-trailer truck; but does not include the passenger-carrying motor vehicles of an electric or steam railway or motor bus company operating on the streets of a city, or school buses, ambulances, or hearses or motor vehicles operated for gain or compensation under The Taxicab Act or a municipal by-law in cities, towns, and villages; (« véhicule de transport public »)
"traffic" includes pedestrians and ridden, driven, or herded animals??? and vehicles, and other conveyances, either singly or together, while using a highway for purposes of travel. ( Commercial term)
This is from the Manitoba Vehicles registration regulation under the Drivers and Vehicles Act
3(2) When a person is an individual who has a
vehicle registered under IRP or is a corporation, the
registration period for all of his or her vehicles is the
one-year period beginning on the first day of the month
chosen by the person under subsection 4(1) and expiring
on the day before the first day of the same month in the
When certain registration periods begin or change
4(1) When a person
(a) who is an individual who proposes to register a
vehicle under IRP; or
(b) who is a corporation;
first applies to register a vehicle, the person must choose
the month on the first day of which the registration
period for all his or her vehicles is to begin in every year.
4(2) An individual who
(a) has registered one or more vehicles with a
registration period referred to in subsection 3(1);
(b) applies to register a vehicle with a registration
period referred to in subsection 3(2);
9(2) A motor vehicle that has a registered gross
weight of 11,793 kg or less is deemed to be an
apportionable vehicle if
(a) it is designed, used or maintained for the
transportation of persons for hire or property;
(b) it is registered in a member jurisdiction; and
(c) it is operated on an intrajurisdiction basis in
Manitoba for more than seven consecutive days in
any calendar year or more than seven single trips in
any calendar year.
"motor vehicle" means a self-propelled motor vehicle
having a permanently attached truck, bus or delivery
body and includes a truck tractor used for hauling
purposes on a highway;
"private bus" means a motor vehicle used to
transport “persons” when the transportation is not for
"province" means province of Canada and includes
a territory of Canada.
A motor vehicle that has a registered gross
weight of 11,793 kg or less is deemed to be an
apportionable vehicle if
(a) it is designed, used or maintained for the
transportation of persons for hire or property;
2 Peter 2:3
And through covetousness shall they with feigned words make merchandise of you: whose judgment now of a long time lingereth not, and their damnation slumbereth not.
What I am asking is for you to examine the definition contained in these acts and read the definitions of Driver for yourself rather than relying on the possibility an atheist or Jewish lawyer will be advising you as that is a conflict of interest to her majesty’s duty to defend the Christian faith and most of those lawyers do not know the meaning in law of their own oaths indicating he lied and committee a fraud upon her majesty’s government to get the job. A Jewish man or woman takes the Kol Nidre a Jewish oath to absolve themselves from their oaths once a year!
19.It is agreed with no dispute to the fact that it is impossible to provide true allegiance to a Christian Monarch if you do not know the accurate meaning in law of that true allegiance you promised to be faithful to and provide.
20.It is agreed with no dispute to the fact that it is not my intent to wriggle out of any lawful dejure obligation or evade dejure justice but rather avoid the unlawful imposition of de facto law upon my ministry and my ability to go from place to place via right of ecclesiastical way in effecting and performing the functions of my calling as a Christian Minister unregistered in the de facto governments of man.
What you may find unusual is that never before has a minister of God Jehovah exercised their faith so strongly and actually provided proof of their infallible position with the King James Bible’s standing in law. The Natural position and assumption of men and women receiving this info is that I as a Christian minister am subject to those corporate laws code rules and regulations just like all the other men and women that regularly bow to and submit to de facto unlawful governments of men. The Queen and the Commandments of God say otherwise and I am sure you will not wish to contradict the Queen in her duty to defend the laws of God Jehovah.
Most men and women who I have approached have felt that my faith was a threat to their secular existence and that may well be true as I stand unabashedly and unwaveringly in God’s law and refuse to accept the jurisdiction of de facto agents of a bankrupt corporation following the secular laws of man. Those who take advise from de facto godless lawyers to intimidate my faith and seize Church property are in commission of treason against her majesty’s ability to defend the Christian faith from self declared false god’s like Caesar was and most definitely obstructing my ministry. ( R. V. Reed S.C.C. Ezekiel 33:6) Yes he Caesar, a man, himself proclaimed he was god and all the world should pay him taxes. The first commandment in the Bible that the Queen defends with all of her power has sworn to defend is to not bow to or serve false god’s. Exodus 20:3-5
You may wish to refer to the Governor General of Canada’s website where she proclaims she is Canada’s de facto head of State on the page entitled Roles and Responsibilities.
The World Bank indicates what the creditor defines as being a de facto government. Since they are the creditor we can count on their definition as being prime in mans law.
I do hope that you will respect my faith in God’s law, and that you will have awareness of the proof in front of you that say’s I am not a legal fiction of a corporate body government, I am flesh !!! I believe with all the evidence that is in front of you, for you to see, that you took oath to aid her majesty to uphold God’s law.
It is a Christian God that is referred to in the Countries Constitution preamble, Jehovah, Abraham’s God and his rule of law that her majesty Queen Elizabeth defends. You as a private man acting as an agent and public servant, by law took a solemn oath to be truly allegiant to her majesty. She is the head of the Church of England and sworn to uphold the laws of God with all of her power.
“I, ...................., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors. So help me God.
The word “do is prerequisite to sentence formation. If it is not in your sworn oath and the words are not in the above form then it is a false de facto oath unsanctioned by the Queen and if you do not know it’as meaning in law the you lied to get your job!
A de facto regime is unlawful, outside of God’s law. This is not an assumption but a true definition of what de facto means. Dejure means lawful of God’s law.
It is said Her majesty Queen Elizabeth is a Dejure monarchy as opposed to the openly declared Defacto regime of Michealle Jean the Governor General of Canada.
Canada and all of its law is defacto. Read section 15 of the criminal code
Read the World Banks definition of a de facto government who all the countries of the world save a very few are in debt to thereby having this bank as it’s creditor.
These policies were prepared for use by World Bank staff and are not necessarily a complete treatment of the subject.
Dealings with De Facto Governments
Note:This OP 7.30 replaces OP 7.30, dated November 1994. Questions may be addressed to the Chief Counsel, Operations Policy.
1. A "de facto government" comes into, or remains in, power by means not provided for in the country's constitution, such as a coup d'état, revolution, usurpation, abrogation or suspension of the constitution.
21.It is agreed with no dispute to the fact that De facto law does not bind men.
It only binds dead in law slaves, legal fictions who have living reps that volunteer their acceptance of the bondage by signing their names to the various contracts that are put before them. I cannot accept such deceptive fictional bills of exchange. I decline all such offers and you are hereby noticed of the deliberate waste of your own budget, accounting will be notified that you never gained my consent to alter my name for a financial purpose as that is fraud!
De facto. [L.] actually; in fact; existing; as a king de facto, distinguished from a king de jure, or by right.
American Dictionary of the English Language, Noah Webster 1828, Vol. I, page 56.
DE FACTO. Actually; in fact; in deed. A term used to denote a thing actually done.
A government de facto signifies one completely, through only temporarily, established in the place of the lawful government; Thomas v. Taylor, 42 Miss. 651, 2 Am. Rep. 625, Chisholm v. Coleman, 43 Ala. 204, 94 Am. Dec. 677, See De Jure Austin, Jur. Lect. vi. p. 336.
Bouvier’s Law Dictionary, Third Revision (8th Edition)(1914), Volume 1, page 761.
de facto (dë fak’tö). In fact, as distinguished from “de jure,” by right.
Law Dictionary, James A. Ballentine, Second Edition, 1948, page 344.
de facto government. A government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by a power above the forms of law, claim to act and do act in their stead. 30 Am Jur 181.
Law Dictionary, James A. Ballentine, Second Edition, 1948, page 345.
De facto. In fact; actually; indeed; in reality. Ridout v. State, 161 Tenn. 248, 30 S.W.2d 255, 257, 71 A.L.R. 830.
Black’s Law Dictionary 4th Edition (1951) page 504.
De facto government. One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof. Wortham v. Walker, 133 Tex. 255, 128 S.W.2d 1138, 1145.
Black’s Law Dictionary 4th Edition (1951) page 504.
de facto (dë fak’tö, da-, de-). [[L]] existing or being such in actual fact though not by legal establishment, official recognition, etc. [de facto government]: cf. de jure.
Webster’s New World Dictionary, 3rd College Ed. (1988), page 360.
The Truth About Church Incorporation
[Note: In this article, the word "Church" does not refer to any physical building, but refers to the whole body of believers in Christ. The word "church" is translated from the Greek word ekklesia, which literally means "assembly" or "congregation" of people; it does not refer to any physical building. Keep that in mind when reading this article]
Joshua challenged the people: "choose you this day whom ye will serve." (Joshua 24:15). Today, government is demanding a similar choice. Today the world assumes that the church is the church because it is registered with, and defined by, the State.
The following is intended merely to provide an overview, an introduction to the whole issue of the Church and incorporation. In addition, its purpose is not meant to be a criticism of the many well meaning Christian men and women who have laboured for the Lord in these matters, but simply as a supplemental guide for the avoidance of "rendering unto Caesar" that which is not and should not be his. We shall endeavor to explore the relationship between, churches and corporations.
So what exactly is incorporation? What really happens to a church that becomes incorporated? Are there biblical principles against incorporation?
First of all, let us define the word "corporation." In the strict everyday definition of the word, a corporation is "a group of people combined into or acting as one body." This word is derived from the Latin word "corpus," which means "body." In this sense, the Christian Church is indeed a corporation. It is the "corpus Christi," the "Body of Christ." It derives its existence and authority from its Head, the risen and victorious Son of God. It is comprised of individual members who have covenanted together to further Christ's Kingdom by the preaching of the Gospel and the discipling of the nations (Matthew 28:19-20).
Christ is Sovereign over his Church
The Church's "corporate status" is well-established in Scripture: Matthew 16:18, 1 Corinthians 12:12-14, 27, Ephesians 1:22; 5:23b, 30, Colossians 1:18; 2:19 teach that Christ is clearly the head of the church, and we are all members of his body.
The Church is the visible manifestation of Christ's Kingdom on earth. However, as Jesus Himself stated, "My Kingdom is not of this world" (John 18:36). Many Christians have misunderstood this verse to mean that neither the Church nor individual Christians should involve themselves with the affairs of the world. In what is known as "pietism," a false dichotomy is erected between the "spiritual" Kingdom and the "carnal" world.
Of course, this is not what Jesus had in mind at all. He very explicitly stated elsewhere that Christians are to act as the "salt" of the earth and as a "light" in the world by permeating society and working to change it from within (Mat.5:13-16). This task of dominion is accomplished through the work of evangelism and discipleship, as Jesus commanded in the Great Commission. The Christian's purpose is indeed "worldly," insofar as it is involved in bringing the world into subjection to the Word of God (2 Cor.10:5).
Thus, the true meaning of Jesus' declaration that His Kingdom is "not of this world," is that it does not derive its authority and power from the world or its institutions. The Church is indeed a spiritual organization, but this simply means that it is "of the Spirit"-- it relies upon the Holy Spirit and the inspired Word for its existence, not upon the efforts or laws of men. This important detail should be kept in mind as we further study the subject of church incorporation.
The State is Sovereign over its Corporations
Governing Law ( From Ontario Justice Website as above)
If a religious organization becomes incorporated, its ecclesiastical, canon or church laws, rules or regulations may be subject to the Corporations Act. This means that if any ecclesiastical, canon or church law, rule or regulations conflicts with the Corporations Act, the organization, once incorporated, must comply with the Corporations Act and will no longer be able to use that law, rule or regulation in administering its affairs.
As you can see registering with dead corporate bodies requires servitude!!
Having briefly examined the biblical definition of a corporation, let us now look at the legal definition of a corporation. According to the U.S. Supreme Court:
1. "A corporation is a creature of the state. It is presumed to be incorporated for the benefit of the public. It receives certain special privileges and franchises and holds them subject to the laws of the state and the limitation of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and ascertain if it has exceeded its powers" (Hale v. Henkel, 201 U.S. 43).
2. "[A corporation is] an artificial person or legal entity created by or under the authority of the laws of a state. An association of persons created by statute as a legal entity.... The corporation is distinct from the individuals who comprise it (shareholders).... Such an entity subsists as a body politic under a special denomination, which is regarded in law as having a personality and existence distinct from that of its several members." Black's Law Dictionary West Publishing Company, 1991; 6th Edition, page 340.
3. "A corporation derives its existence and all of its powers from the State and, therefore, has only such powers as the State has conferred upon it. Power is used here to mean the legal capacity to execute and fulfill the objects and purposes for which the corporation was created, and the source of this power is the charter and the statute under which the corporation was organized." Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, West Publishing Company, 1966, page 796.
Note: A corporation is created by, and derives its existence from, the State. In contrast, the church is created by, a creature of, derives its existence from, subject to, and obeys the Law of, Jesus Christ.
4. "Corporate existence is a privilege granted by the sovereign upon compliance with specified conditions" Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, West Publishing Company, 1966, page 931. .
5. "Corporations are not citizens.... The term citizen... applies only to natural persons... not to artificial persons created by the legislature" Paul v. Virginia, 8 Wall. 168, 177; see also the Opinion of Field, J., in the Slaughterhouse Cases, 16 Wall.36,99.
Note: God teaches that Christians, his church, are citizens of the household of God (Eph.2:19, Phil.3:10).
6. Every corporation has obtained a charter from the Province of Incorporation. This charter is simply permission to exist given to the corporation, without which, its operations would be considered illegal. In addition to the charter are the articles of incorporation: "The objects or purposes for which a corporation is formed are expressly stated in its articles of incorporation, which delineate in general language the type of business activities in which the corporation proposes to engage" Smith and Roberson's Business Law, West Publishing Company, 1966, page 798.
Note: Is the church of God involved in any type of business activities? (Matthew 21:12, John 2:16).
7. "Instances of non-profit corporations are educational institutions, athletic clubs, library clubs, fraternities, sororities, hospitals, and organizations which have exclusively a charitable purpose" Smith and Roberson's Business Law, West Publishing Company, 1966, page 789.
The reader will notice that "churches" are conspicuously absent from this list of non-profit corporations. That is because our law-makers are fully aware that incorporation involves creation, and the Church simply cannot be created by the State. Furthermore, the Church's ordained purpose of preaching the Gospel can never be illegal, so no special license is required from the State to do so.
Though not all of our founding fathers were genuine Christians, they nevertheless understood that the Church of Christ is under the sole jurisdiction of its Lord, and that the civil magistrate therefore should not dare to encroach upon that authority. Because of this healthy respect for the Church, the very first sentence of the Bill of Rights reads as follows:
"Congress shall make no law regarding an establishment of religion, or prohibiting the free exercise thereof" (U.S. Constitution, First Amendment).
According to Supreme Court Justice Hugo Black: "The establishment clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church" Everson v. Board of Education, 1947).
It was one of the principles of the sixteenth-century Reformation that the Church and the State are separate governments, and that, although they are to work together for the furtherance of God's Kingdom, they are not to either merge with one another or usurp the sphere of authority of one another (Westminster Confession of Faith, Chapter XXIII:3) The Church is forbidden by Scripture to take up the State's "sword" (Romans 13:4), and the State is likewise forbidden to assume the Church's "keys" (Matthew 16:19). However, as we will see, the latter is precisely what occurs whenever a church seeks incorporation at the hands of the State.
Is a Church required to Incorporate under the Government?
According to the Internal Revenue Code, of the US "a church, its integrated auxiliaries, and conventions and associations of the church are excluded from taxation." United States Code, Title 26, § 508(c)(1)(A).
Section 508(c) of the Internal Revenue Code provides that churches are not required to apply for recognition of Section 501(c)(3) status in order to be exempt from federal taxation or to receive tax deductible contributions. Churches are automatically exempt from Federal income tax, and contributions to churches are deductible by donors.
Elsewhere, the IRS states: "Although a church, its integrated auxiliaries, or a convention of churches is not required to file a Revenue Canada form to be exempt from federal income tax or to receive tax deductible contributions, such an organization may find it advantageous to obtain recognition of exemption (Tax Exempt Status for Your Organization, CRA Publication ).
Just what "advantage" is there for a church in obtaining corporate recognition and thereby exchanging its sovereignty for a subordinate status in relation to the federal government? Most people would answer that such grants the church exemption from taxation. However, we have already seen that the federal government has never been able to tax the Church of Christ; the Church is not exempt from taxation, it is immune. The "advantage" is something else entirely:
"By establishing its exemption, potential contributors are assured by the Revenue Canada Service that contributions will be deductible" Tax Exempt Status for Your Organization,.
The tragic irony of all this is that, according to the US Internal Revenue Code, financial donations to an unregistered, unincorporated church are automatically tax-deductible (26 USC 170-B)! But is this biblical?
"God loveth a cheerful giver." (2 Corinthians 9:7). But the government promises, "Incorporate, and I will return to you up to thirty-five percent of your tithes and offerings!" And the Bridegroom wept. Now Jesus knows that His bride "purposeth in [her] heart . . . grudgingly, or of necessity." (2 Corinthians 9:7). God had no respect towards Cain's offering because he did not give from the heart (Gen.4:3-6).
The CRA, of course, knows very well that it has no constitutional authority over the unregistered Church, and that it may not violate Charter protection against government interference with the Church. In fact, the CRA may not violate the constitutionally secured rights of any Canadian Citizen or group of Citizens, and is able to gain jurisdiction only when such is given to it voluntarily. Thus, the CRA holds out the unbiblical "advantage" of registered corporate status as bait to clergy ignorant of the law in hopes that these men will "bite," thereby placing themselves and their congregations firmly on its jurisdictional hook.
Once the bait has been taken, and the catch is reeled in, another church has been transformed into a "legal fiction" subject to the tyrannical control of the federal government. The truth is that "incorporated churches" are not, by definition, churches at all! They are merely "non-profit organizations" (or should I say "non-prophet organizations"). The truth is, any "church" that is incorporated has deposed Jesus Christ from His rightful position as Head over His own Body and has surrendered that Body to the dominion of the State.
The truth is, "incorporated churches" are subject to total governmental control -- whom they may hire, what they may and may not teach and preach, they cannot conflict with "public policy" nor assault the hearer's sense of mental well-being, self esteem, sexual orientation, etc. The CRA prohibits such organizations from "carrying on propaganda, or otherwise attempting to influence legislation" This prohibition extends, not only to the endorsement of a political candidate, but also any other attempts to "influence legislation," including taking a public stand against such government-protected abominations as abortion or homosexuality. Now, the church is discovering that favors from Washington, DC have strings attached. In this case, the string is a rope that is being used to throttle her once-powerful voice, to squeeze out her very life and, eventually, to hang her by the neck until dead!
Should the Bible itself one day be ruled by the government to be "politically incorrect," incorporated churches will find themselves on the horns of a very serious dilemma. After all, in a civil suit, a corporation's defense is limited to the terms specifically enumerated in its charter and articles of incorporation. All other "extrinsic evidence," including the Bible or any historical Christian creeds or standards, will be disallowed in a State court case, because they are "not contained in the body of [the] contract." (Black's Law Dictionary, p. 588). Outside of its own walls, the incorporated church may not stand on the authority of the Scriptures regarding any political or civil issue, because it is bound by the "higher laws" of the State. Consequently, the Christian Church in America, little by little, ceases to be the "salt" and "light" to society that it was commanded to be (Mat.5:13-16). And all this for a simple tax deduction! Because of money! This directly contradicts Jesus' teaching, "make not my Father's house an house of merchandise" (John 2:16).
Operating as a Government Business
There are profit-making businesses and there are non-profit businesses, but a business is a business in the eyes of government. An incorporated church simply cannot deny the fact that it has requested permission of the State to operate as a business. Not only does it have its charter and articles of incorporation on file with the Secretary of State, but it is also required to list a President, Vice-President, Secretary, and Treasurer. None of these offices were instituted by Christ in His Church (Eph.4:11-12), because they exist to control the business dealings of a corporation, not the sacramental duties of the Body of Christ.
Many churches, since 1984, have begun to list the minister and other ecclesiastical leaders as "employees" for Social Insurance purposes. The CRA exists to regulate revenue which is internal to the federal government. Consequently, in the Income Tax Act, an "employee" is specifically defined as follows: "an officer, employee, or elected official of the Canadian Government, a province, or any political subdivision thereof" (26 USC 3401-C). By listing the minister as an "employee" who earns "income," the incorporated church is unknowingly identifying him as one who works for the federal government. A free, unincorporated church cannot be held to the standards of a corporation doing "business" as a church. A church congregation is a private assembly of individuals, coming together as a family, to worship their Lord. Biblical worship is not a "public" activity. Jesus Christ, not the State, ordained the assembling together of believers.
Subject to Taxation Via Social Security
Yet another indication that an incorporated church is a government agency is its participation in Social Insurance Scam. Seen in this light, payment into Social Insurance by incorporated churches brings us to an astonishing conclusion: Incorporated registered churches are not exempt from taxation after all! It is an established legal principle that "the power to tax is the power to destroy." The government only has the power to destroy that which it has created.
Another related issue here is that of the "corporate franchise." According to law, "a corporation must have a franchise" (Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, p. 786.) In the case of an incorporated church, who are its franchises? If you guessed the members of the congregation, you are correct. In fact, they are legally "shareholders" in the business. This is proven by the fact that the so-called "congregational meetings" of the incorporated church must follow the legal guidelines of any other corporate meeting. For example, motions must be made and minutes must be kept of the proceedings. By-laws must be maintained and any additions (amendments) must be voted on by the members of the church.
Furthermore, at the end of the year, members and contributors will receive an itemized report of their financial contributions to the church for tax purposes, and distributes contribution records that shows a beginning and ending "balance" for each member. This practice directly contradicts the Bible's command about giving alms before men (Matthew 6:1-4).
The pastor of an incorporated church may therefore inform the congregation of the tax-deductibility of their gifts only if he warns them that a tax write-off may be the only reward they will receive (Matthew 6:4).
The Incorporated Church Surrenders its God Given Laws
Man, created by God in the image of God, was granted by God certain "unalienable rights" which are constitutionally protected. Corporations, created by the State, are not "real" or "natural" persons and, therefore, have no constitutionally secured rights!
It is a common belief that an incorporated church may refuse to disclose its financial records, particularly its tithing records, to the State should such be demanded. However, such a naive belief will not protect the church or its members from harassment from the Internal Revenue Service or any other federal agency: "[A] corporation is not considered as a person within that clause of the fifth amendment to the constitution which protects a "person" against self-incrimination" Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, p. 787.
According to the ruling of the US Supreme Court: "There is a clear distinction in this particular between an individual and a corporation and that the latter has no right to refuse to submit its books and papers for an examination at the suit of the State. While an individual may lawfully refuse to answer incriminating questions unless protected by an immunity statute, it does not follow that a corporation vested with certain privileges and franchises, may refuse to show its hand when charged with an abuse of such privileges. Hale v. Henkel, 201 U.S. 74-75.
"Whenever a corporation makes a contract it is the contract of the legal entity ...The only rights it can claim are the rights which are given to it in that charter, and not the rights which belong to its members as citizens of a state" Bank of Augusta v. Earle, 13 Pet. 586).
In other words, a corporation has no rights, only privileges which may be revoked any time its creator sees fit. Individual members ("share-holders" or "corporate franchises") also surrender their rights on account of their legal union with the corporation. Thus, the CRA may audit the corporation's financial records at any time, because, as one former CRA commissioner stated, "The churches... hold in trust that which belongs to the government." This is the law, and it cannot be changed by amendments to church by-laws, or even by the good intentions of church leaders.
Can an incorporated church refuse to disclose its financial records to the IRS on the grounds that it did not know that such consequences would arise from incorporation? Unfortunately, the answer is no. Incorporation is a form of "non-positive," or "contract law." According to Black's Law Dictionary, p.322, a contract is "an agreement between two or more persons which creates an obligation to do or not to do a particular thing." The laws comprising the contract do not apply to either party until the contract is agreed upon, at which time it is legally binding upon both. Claiming ignorance of the specifics of the contract will not excuse either party from their obligation once the contract is signed:
"As a general proposition, a party is held to what he signs.... One cannot obtain a release from contract liability upon the ground that he did not understand the legal effect of the contract" Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, p. 70
By incorporating, the pastor and elders of a church need to realize that they have, in effect, signed a contract with the federal government which they have become legally and morally liable to obey (Romans 13:1). They cease to exist as a "real" First Amendment association with "unalienable" rights, and are transformed into a federal institution under the complete jurisdiction & control of "Acts of Congress." A church can no more change the nature of a contract after the fact than a private individual.
The Unbiblical Status of Limited Liability
Finally, let us take a brief look at the biblical problems of church incorporation. As we have seen, the Bible teaches that the Christian Church is a spiritual corporation that derives its existence from its Head, who is Christ. Each individual member is in covenant with the others and exercises their gifts for the benefit of the collective group. This is the concept of unity in diversity. The whole derives its substance from its individual parts. Therefore, the actions of the individual indirectly affect the whole.
We see this concept of covenantalism numerous times throughout Scripture. For example, in the Old Testament economy, the sin of Achan brought judgment upon the entire nation of Israel (Joshua 7), and the righteous act of Phineas brought God's blessings (Numbers 25). This principle did not pass away with the Old Testament economy, however. In 1 Corinthians 5, Paul exhorted the Corinthian church to "put away" from them the unrepentant adulterer with the following illustration (verse 6b-7a).
The corrupting influence of sin should never be underestimated, and God's judgment on an entire congregation is risked if one of its members is allowed to continue in open rebellion against His Word. This is why it is so important for the elders to protect the Church from moral and spiritual disintegration by removing the ungodly member via excommunication. Likewise, it is equally the responsibility of individual members of a church to disassociate themselves from an apostate church, so that they might not "partake of her sins" (Revelation 18:4).
Church incorporation flies in the very face of biblical covenantalism. This is seen primarily in the privilege of "limited liability," which means that the corporation cannot be held legally responsible for the actions of the individual members: "A corporation... should be distinguished from the individuals who compose it and those who control it as well as from the property which it owns" Len Young Smith and G. Gale Roberson, Smith and Roberson's Business Law, p. 785.
God certainly did not deal with the nation of Israel on the basis of limited liability, so why should modern churches seek this unbiblical status for themselves? In giving the church her orders, Jesus promised: "All power is given unto me . . . I am with you alway." (Matthew 28:18,20). Apparently, this was not enough for the church. The State promised to protect the church from lawsuits and other attacks from without if only she would incorporate. Turning her back on the promised care of her Bridegroom, Jesus Christ, the church accepted her lover's "protection."
Supposedly, limited liability protects the individual members from personal lawsuit. However, this is simply not the case. Franchises of a corporation are just as susceptible, if not more so, to a lawsuit than any other organization. Furthermore, the incorporated church itself greatly increases its own susceptibility to a lawsuit due to the fact that a business is far more likely to be sued than is a strictly religious organization. Unincorporated churches are immune, they cannot sue, nor be sued by, anyone.
Corporations have no Soul
"Man has been created by, in, and for, the Word of God, and this makes him the being who is responsible. Masses, collectives, and species have no responsibility; they are not capable of assuming responsibility. They [corporations] cannot commit trespass nor be outlawed nor excommunicated, for they have no souls." 10 Rep.32 b.
"Human beings are deceptively referred to as 'natural persons' which are still “persons” to distinguish them from 'artificial' personas or corporations. To acquire the status of artificial or legal personality, the group seeking it must be incorporated, i.e., must obtain a formal state license. In modern civil law, while incorporation is necessary for some purposes, chiefly in commercial law, and group of persons, acting as a unit, may be treated as an artificial or legal person." Warren Co. v. Heister, 219 La. 763, 54 S.2d 12." Radin Law Dictionary (1955), page 249.
Can you imagine the early church of the Apostles passing the hat to help Caesar out? To ask the Lord's church to collect a tax to finance every wicked thing on this earth, including the murder of millions of babies each year, is tyranny at its worst.
Because a 'person' has no access to any law outside the law creating it, then no constitutional arguments can ever be raised by the person, or corporation, successfully. Government is the person created by constitutions and no officer can make any arguments against the power establishing his office by using law which is not given him by the superior power. In the same vein, a 'person' created by legislation can use no law outside the law creating it for any arguments against the superior power creating 'it'.
Organism or Organization?
Is the body of Christ an Organism or an Organization? An organism is a living thing. I am living, and I am part of the body of Christ. The body of Christ is the church. An incorporated Church is not an organism, but an organization. An organization is a creature of the State, and as such must hold allegiance to the creator of their organization.
All those who join with an organization that is under corporation status accept the debt of that organization, and become subject to that debt of another. I do not need to tell you what scripture tells us about this debt. Borrowing money, for expansion, from the ungodly bankers, is not a biblical principle and, as such, cannot be blessed by God.
Black's Law Dictionary, 5th Edition, defines 'organization' as a "corporation or government subdivision or agency, business trust, partnership or association…or any other legal or commercial entity". This definition shows that an organization (even if it functions as a church) is recognized as commercial and public; an incorporated Church is legally interpreted as a commercial entity. But didn't Christ say "make not my Father's house an house of merchandise" (John 2:16)?
The real benefit the registered Church looks for with incorporation is the ability to borrow large amounts of debt capital. This enslaves every man, woman, and child whose name appears on the membership roles of the Church. How can this be? Because every officer and member of the Church pledges themselves as surety for the commercial debts of the Church, whether they know it or not. Why is this? Because the member's name that appears on the Church rolls is a beneficiary of the Church 'services', which are also construed as commercial by the government (the term 'service' is a commercial term, and means either to get paid for an occupation, or it means an act giving assistance or advantage to another, which results in a benefit). Additionally, the 'tax-deductible contributions' are further evidence of the commercial connection to the corporation.
A maxim of law states: "He who accepts the benefit must also bear the burden," meaning if one accepts any benefit of the incorporated Church one is liable for the debts and acts of the church leadership. If the Church is sued and a cash settlement is ordered by the court, there is virtually no limit as to how far the court can extend its power to collect from the members, even if they are not the officers responsible for committing the civil crime. "For my yoke is easy, and my burden is light" (Mat.11:30).
"Although it was once said that 'a corporation is not indictable, but the particular members are' [Anon., 12 Mod. 559], it is now well settled that a corporation may be indicted for omission to perform a public duty imposed upon it by law." Reg. V. Birmingham & G. Ry. Co., 3 Q.B. 233; New York & G.L.R. Co. v. State, 50 N.J.Law 303, 13 Atl. 1, affirmed in 53 N.J.Law, 244, 23 Atl. 168.
In Jesus' day, the chief priests bound themselves to Caesar (John 19:14-15). Who were they a priest of? Caesar. Who did they minister for? Caesar. Who does a registered Church now minister for? "We have no king but Caesar." They have a United States flag in every one of their Churches. "We don't make political statements from the pulpit anymore, we don't ever preach against the one for whom we minister. We don't want to lose our tax-exempt status!" So, we had fascism in Christ's day, the same fascism we have today.
It is time for the churches in North America to wake up to the fact that they have seriously compromised the headship of Christ by incorporating. The very first sentence of the Canadian Bill of Rights states, It recognises the Supremacy of God. Christian churches do not need to obtain a special "operating license" to avoid taxation; the government simply cannot tax them to begin with! The church is already immune to all taxation.
The Church of Jesus Christ is forbidden by Scripture to merge with the State because the two exist as separate entities. The State is not to claim jurisdiction over the Church, and the Church is not to place herself in such a position. The Church does not need to request of the State permission to exist as a legal entity. Its charter is the Bible, and its article of incorporation are the commandments of God. As Jesus said, "No man can serve two masters" (Matthew 6:24). If this principle applies to an individual, how much more so to his church?
Church members should confront their pastors and elders on these issues. Do not let them simply brush you off with the claim that the subject has "been studied already," or that "we have always done it this way." Challenge them to produce a copy of the statutes which state that a Christian church must incorporate as a registered organization in order to carry out its God-ordained functions. They will not be able to do this, because such a law simply does not exist. You may find yourself unwelcome in your church, but at least you will have the satisfaction of having stood for the truth and for the sole prerogative of Christ to govern His own Church.
It is agreed with no rebuttal to the fact that the anointed of God Queen Elizabeth Alexandra Mary Windsor, will act as witness to our private agreement/contract along with three other witnesses to confirm our good faith covenant in 10 days time from your receipt of this contractual agreement that will then be advertised posted and circulated to as many as can benefit from it’s honourable position!
Truly sent in performing a true function of my calling as God Jehovah’s minister
Minister of Christ Edward-Jay-Robin: Belanger
Kamsack Ecclesia of the Church of the Ecumenical Redemption International
C/o post Bag Kamsack Post office No code non commercial ( no code mail will be accepted
NOTE: All postal matter must be "addressed" exactly as requested above. Please do not write the name of this Church anywhere on the envelope, do not abbreviate any of the information, and do not include a postal code. All postal matter which does not comply with these instructions will be returned to the sender.
We look to the Laws of the Sovereign Creator, as contained in both the Old and the New Testaments, as the ultimate Legal Authority. All quoted Scripture has been taken from the New King James Version of the Holy Bible, unless otherwise indicated
Sunday, September 5, 2010
City University of New York Law Review Volume 9 | Issue 1 Winter 2005 Quoting the Bible: The Use of Religious References in Judicial Decision-Making Sanja Zgonjanin CUNY School of Law Follow this and additional works at: https://academicworks.cuny.edu/clr Part of the Law Commons The CUNY Law Review is published by the Office of Library Services at the City University of New York. For more information please contact firstname.lastname@example.org. Recommended Citation Sanja Zgonjanin, Quoting the Bible: The Use of Religious References in Judicial Decision-Making, 9 N.Y. City L. Rev. 31 (2005). Available at: 10.31641/clr090102 Quoting the Bible: The Use of Religious References in Judicial Decision- Making Acknowledgements The author thanks Professor Ruthann Robson for her invaluable comments and suggestions. This article is available in City University of New York Law Review: https://academicworks.cuny.edu/clr/vol9/iss1/3 QUOTING THE BIBLE: THE USE OF RELIGIOUS REFERENCES IN JUDICIAL DECISION-MAKING Sanja Zgonjanin* INTRODUCTION The use of religion in judicial decision-making is the subject of an ongoing debate.1 Whether and to what extent a decision is based on religious argument or influenced by religious convictions is a difficult question to answer. While scholars disagree on the appropriateness of religious arguments or influences in judicial decision- making,2 they commonly recognize that explicit reference to religious authority in a written opinion is problematic.3 Many * J.D. Candidate, City University of New York School of Law, May 2006; M.A., Columbia University, 2000; M.L.S., Queens College, 1999. The author thanks Professor Ruthann Robson for her invaluable comments and suggestions. 1 See Constitution Restoration Act of 2005, S. 520, 109th Cong. (2005); H.R. 1070, 109th Cong. (2005). 2 Scholars differ on the issue of the appropriateness of religion in judicial decision- making. However, most legal literature on the issue is written from the perspective advocating the use of religion in judicial decision-making. That viewpoint is shared by moderates and conservatives alike. See generally MICHAEL J. PERRY, RELIGION IN POLITICS: CONSTITUTIONAL AND MORAL PERSPECTIVES 102-04 (1999); KENT GREENAWALT, RELIGIOUS CONVICTIONS AND POLITICAL CHOICE 239-41 (1988) [hereinafter GREENAWALT, RELIGIOUS CONVICTIONS]; Scott C. Idleman, The Concealment of Religious Values in Judicial Decisionmaking, 91 VA. L. REV. 515 (2005) [hereinafter Idleman, Concealment]; Teresa S. Collett, “The King’s Good Servant, but God’s First”: The Role of Religion in Judicial Decisionmaking, 41 S. TEX. L. REV. 1277 (2000); Mark B. Greenlee, Faith on the Bench: The Role of Religious Belief in the Criminal Sentencing Decisions of Judges, 26 U. DAYTON L. REV. 1 (2000); Daniel G. Ashburn, Appealing to a Higher Authority?: Jewish Law in American Judicial Opinions, 71 U. DET. MERCY L. REV. 295 (1994). 3 GREENAWALT, RELIGIOUS CONVICTIONS, supra note 2, at 239 (“Judicial opinions are formalized justifications for decisions. Opinions are supposed to refer only to what is legally relevant . . . . What is legally relevant is generally conceived to be the same for all judges, so neither personal religious convictions nor any other idiosyncratic convictions are legally relevant. Given this understanding about judicial opinions, it follows that opinions should not contain direct references to the religious premises of judges.”); Mark C. Modak-Truran, Reenchanting the Law: The Religious Dimension of Judicial Decision Making, 53 CATH. U. L. REV. 709, 814 (2004) (“In addition, judges are not insincere by leaving their religious or comprehensive justifications out of their opinions but consistent with the Establishment Clause (i.e., the ‘rule of law’) and a proper understanding of religious pluralism. Leaving out religious justifications also facilities [sic] consensus on legal results and lower-level legal rules and principles without raising the thorny philosophical, theological, and hermenuetical [sic] questions implicated by religious justifications.”); Scott C. Idleman, The Limits of Religious Values in Judicial Decisionmaking, 81 MARQ. L. REV. 537, 542-43 (1998) (“In fact, given that religious bases may be less than universal in their acceptance among the relevant audiences to the opinion, it is quite sensible that the judge would not necessarily 31 32 NEW YORK CITY LAW REVIEW [Vol. 9:31 judges are religiously active and outspoken about the impact of religion on their work.4 Some well-known Supreme Court justices were, and are, deeply religious.5 Unlike the past, today’s Supreme Court Justices, such as Antonin Scalia, speak publicly about their religious faith.6 Some judges have explicitly stated in their opinions that “[c]ourts must recognize that the state is but one of several spheres of government, each with its distinct jurisdiction and make reference to them in the act of justification.”); Bruce A. Green, The Role of Personal Values in Professional Decisionmaking, 11 GEO. J. LEGAL ETHICS 19, 35 (1997) (“One would expect that a savvy judge who bases his or her decision on personal morality will not do so explicitly, but will cite only legally relevant grounds for the decision.”); Kent Greenawalt, Religious Expression in the Public Square—The Building Blocks for an Intermediate Position, 29 LOY. L.A. L. REV. 1411, 1419 (1996); see generally David Barringer, Higher Authorities, A.B.A. J., Dec. 1996, at 68. 4 See, for example, Raul A. Gonzalez, Climbing the Ladder of Success—My Spiritual Journey, 27 TEX. TECH. L. REV. 1139, 1157 (1996), in which Texas Supreme Court Justice Gonzalez describes his religious re-awakening and the impact his faith had on his decisions, including Nelson v. Krusen, 678 S.W.2d 918 (Tex. 1984); Kennedy v. Hyde, 682 S.W.2d 525 (Tex. 1984); In re Unnamed Baby McLean, 725 S.W.2d 696 (Tex. 1987); Jilani v. Jilani, 767 S.W.2d 671 (Tex. 1988); Cox v. Thee Evergreen Church, 836 S.W.2d 167 (Tex. 1992), Speer v. Presbyterian Children’s Home, 847 S.W.2d 227 (Tex. 1993); Valenzuela v. Aquino, 853 S.W.2d 512 (Tex. 1993); Tilton v. Marshall, 925 S.W.2d 672 (Tex. 1996); and Krishnan v. Sepulveda, 916 S.W.2d 478 (Tex. 1995). He concludes: In each of the above cases, my relationship with God impacted the way I considered and wrote about the issues presented. How we experience God and our level of religious commitment (or lack of commitment) impacts our work. One’s views on how the world began, sin, forgiveness, and redemption influences our attitudes, behavior, and everything that we do. Gonzalez, supra, at 1157. 5 See generally James W. Gordon, Religion and the First Justice Harlan: A Case Study in Late Nineteenth Century Presbyterian Constitutionalism, 85 MARQ. L. REV. 317 (2001); Thomas C. Berg & William G. Ross, Some Religiously Devout Justices: Historical Notes and Comments, 81 MARQ. L. REV. 383 (1998); Stephen L. Carter, The Religiously Devout Judge, 64 NOTRE DAME L. REV. 932 (1989). Some judges believe that they have a right to use religious references in justifying their decisions. Judge Griffen, who is also a Baptist pastor, explains why he thinks he has that right: Finally, devout judges must remain sensitive to the important role that religious values and their proper expression serve within a pluralistic society. If the devout judge does not remind society that certain conduct is condemned as offensive to domestic tranquility, contrary to the laws of nature, or inconsistent with truth, then society is denied the value of that information and judgment in its pursuit of justice. The give-and-take of competing moral, behavioral, intellectual, and cultural philosophies is how a pluralistic society operates. The devout judge, as a citizen of two societies, helps society remain pluralist by thinking and acting in a holistic way, not by trivializing religious conviction. Wendell L. Griffen, The Case for Religious Values in Judicial Decision-Making, 81 MARQ. L. REV. 513, 520 (1998). 6 See Joan Biskupic, Scalia Makes The Case for Christianity; Justice Proclaims Belief in Miracles, WASH. POST, Apr. 10, 1996, at A1; see also, e.g., Michael Stokes Paulsen & Steffen N. Johnson, Scalia’s Sermonette, 72 NOTRE DAME L. REV. 863 (1997). 2005] QUOTING THE BIBLE 33 limited authority granted by God,”7 and “that God, not the state or any government established by man, is the source of all our rights.”8 Some judges use religion as an alternative to traditional sentencing such as jail or rehabilitation for drug and alcohol offenders. 9 Other judges go as far as prohibiting the parents in a divorce decree from exposing their child to “non-mainstream” religious beliefs and rituals.10 Despite the unprecedented presence of religion in the lives of ordinary American citizens,11 some scholars12 continue to maintain “a modern myth that religion is somehow persecuted in American life.”13 Responding to the argument that explicit religious references are rare or absent from judicial opinions,14 this Article will demonstrate that judges’ personal religious beliefs and religious education very often find a place in decisions they write.15 A quick 7 Ex parte G.C., No. 1040001, 2005 WL 1793345, at *22 (Ala. July 29, 2005) (Parker, J., dissenting). 8 Id. at *14 (Bolin, J., concurring specially). 9 See Alan Maimon, Judge Lets Some Defendants Attend Worship as Sentencing Option, COURIER-J. (Louisville, KY), May 31, 2005, at A1. Michael Caperton, a Laurel district judge since 1994 and a devout Christian, offered the option of attending worship for ten services “about 50 times to repeat drug and alcohol offenders.” Id. 10 See Kevin Corcoran, Father Appeals Anti-Wicca, INDIANAPOLIS STAR, May 26, 2005, at A1. 11 See generally Faith Based and Community Initiatives, http:// www.whitehouse.gov/government/fbci/index.html (last visited Jan. 24, 2006). In the field of legal theory, one author suggested it is time to develop a Christian jurisprudence. Jonathan Edward Maire, The Possibility of a Christian Jurisprudence, 40 AM. J. JURIS. 101, 101-02 (1995). 12 Paulsen & Johnson, supra note 6, at 867 (commenting that Justice Scalia’s speech at a prayer breakfast at the First Baptist Church in Jackson, Mississippi, on April 9, 1996, was “about the clash of world views between Christianity and today’s dominant culture. It was about the difficulties of being a Christian in a secular world—our culture and, especially, our legal culture.”). 13 Biskupic, supra note 6, at A7 (quoting James Dunn, executive director of the Baptist Joint Committee on Public Affairs). 14 Idleman, Concealment, supra note 2, at 520 (“To most observers of the American legal system, including its participants, the absence of overt religious language or reasoning in judicial decisionmaking is unremarkable. In all likelihood, it is not even noticed.”); Modak-Truran, supra note 3, at 786-87 (“[e]xplicit religious references rarely appear in judicial opinions.”); Berg & Ross, supra note 5, at 387 (“Note, however, the limits on the importance of religious arguments. First, such arguments do not appear as often as one might expect in an age of pervasive Christianity: one can basically count them on two hands.”); Richard H. Hiers, The Death Penalty and Due Process in Biblical Law, 81 U. DET. MERCY L. REV. 751, 752 (2004) (“Biblical texts occasionally are even cited as authority in judicial opinions.”). 15 See generally J. Michael Medina, The Bible Annotated: Use of the Bible in Reported American Decisions, 12 N. ILL. U. L. REV. 187 (1991). This annotation collects cases where a court directly cites a biblical passage, and the author lists the following doctrines for which the Bible is cited as the foundation: “the sequestration rule, punitive damages, forgiveness of debts, due process, forfeiture, alien rights, statutory construc34 NEW YORK CITY LAW REVIEW [Vol. 9:31 Westlaw online survey of federal and state cases for the use of biblical books, such as Genesis, Exodus, Leviticus, and Deuteronomy, produces a high number of results.16 Interestingly, courts of the nineteenth century rarely quoted the Bible, despite the fact that many judges were devoutly religious and active in their local congregations. 17 Quoting the Bible is much more characteristic of twentieth-century American courts and is a matter of great concern to anyone who believes that judicial decision-making should not be based on comprehensive doctrines such as religion.18 The first part of this Article discusses the judicial use of the Bible in criminal sentencing by trial courts. The second part examines some of the ways in which courts undermine the religious character of biblical quotations. The third part examines the variety of purposes for which courts use biblical quotations. The fourth part is a case study of judicial use of two specific biblical tion, basic agency doctrine, tenancy by the entirety, the two-witness rule, the right of confrontation, judicial impartiality, criminalization of sodomy, the necessity defense to criminal charges, the right of free travel, usury, eminent domain, impeachment of witnesses, the law of apportionment, property tax exemptions, double jeopardy, and various elements of past and present domestic relations law.” Id. at 189-91. 16 For example, a Westlaw search performed on February 10, 2006 resulted in the following: Genesis 1 is quoted in 10 state and 11 federal cases; Exodus 21 is quoted in 59 state and 27 federal cases; Leviticus 24 is quoted in 5 state and 8 federal cases; Deuteronomy 19 is quoted in 16 state and 7 federal cases. In the same search, the word Leviticus appeared in 126 state, 89 federal, and 4 Supreme Court cases; the word Deuteronomy appeared in 173 state, 100 federal, and 5 Supreme Court cases. This author’s review of search results showed that only a small number of quotations are part of the facts of a case. Due to the lack of more precise search methods in Westlaw and Lexis databases that would allow comprehensive inquiries of biblical quotations, this Article was limited to a discussion of a very narrow scope of biblical quotations in judicial opinions. 17 See infra Appendix. 18 John Rawls based his theory of justice on the concept of public reason shared by all citizens, “independent of opposing and conflicting philosophical and religious doctrines,” and “an overlapping consensus of reasonable religious, philosophical, and moral doctrines.” He said: The religious doctrines that in previous centuries were the professed basis of society have gradually given way to principles of constitutional government that all citizens, whatever their religious view, can endorse. Comprehensive political and moral doctrines likewise cannot be endorsed by citizens generally, and they also no longer can, if they ever could, serve as the professed basis of society. JOHN RAWLS, POLITICAL LIBERALISM 9-10 (1993). Rawls viewed the Supreme Court as the best exemplar of public reason in a society of constitutional regime with judicial review and argued that public reason is “well suited to be the court’s reason in exercising its role . . . .” Id. at 231. But see generally GREENAWALT, Publicly Accessible Grounds of Decision and Religious Convictions, in RELIGIOUS CONVICTIONS, supra note 2, at 49-84; and Richard Posner, The Problematics of Moral and Legal Theory, 111 HARV. L. REV. 1637 (1998). 2005] QUOTING THE BIBLE 35 passages, Matthew 6:24 and Luke 16:13. The fifth part considers the judicial use of religious references other than the Bible. The Article concludes that the use of religious references in judicial decision- making should be prohibited.19 “The Christian state knows only privileges.”20 Christian faith is privileged in the United States.21 Because a privilege is not a right, the government is under no obligation to confront the injustice and discrimination created by it.22 On the contrary, since the religious beliefs of a majority of Americans are associated with Christianity, 23 such privilege is largely invisible and sustained by the power it creates.24 As is often the case, the characteristics of the majority become so internalized that they are considered the social norm.25 In a way, they “domesticate” the minority.26 Additionally, 19 “The justices cannot, of course, invoke their own personal morality, nor the ideals and virtues of morality generally. Those they must view as irrelevant. Equally, they cannot invoke their or other people’s religious or philosophical views.” RAWLS, supra note 18, at 236. 20 KARL MARX, On The Jewish Question, in 3 KARL MARX & FREDERICK ENGELS: COLLECTED WORKS 1843-44, at 146, 146 (Jack Cohen et al. trans., 1975). 21 Joseph R. Duncan, Jr., Privilege, Invisibility, and Religion: A Critique of the Privilege that Christianity Has Enjoyed in the United States, 54 ALA. L. REV. 617, 626 (2003). See, e.g., Zorach v. Clauson, 343 U.S. 306, 313 (1952) (upholding a New York City program permitting public schools to release students to attend religious instruction and stating, “[w]e are a religious people whose institutions presuppose a Supreme Being.”); Church of the Holy Trinity v. United States, 143 U.S. 457, 471 (1892) (holding that a statute prohibiting the contracting of foreigners to perform labor and services did not apply to clergy, and stating that “this is a Christian nation”). 22 See Duncan, supra note 21, at 621. 23 See BARRY A. KOSMIN ET AL., THE GRADUATE CENTER OF THE CITY UNIVERSITY OF NEW YORK, AMERICAN RELIGIOUS IDENTIFICATION SURVEY 12 (2001), http:// www.gc.cuny.edu/faculty/research_studies/aris.pdf (on file with the author). According to the most comprehensive study of religious identification of American adults, done by the Graduate Center of the City University of New York, 76.5% of the U.S. population self-identifies as Christians. Id. See also Largest Religious Groups in the United States of America, http://www.adherents.com/rel_USA.html (last updated Jan. 24, 2006). 24 Duncan, supra note 21, at 622. See also Simpson v. Chesterfield County Bd. of Supervisors, 404 F.3d 276, 283 (4th Cir. 2005). Applying Marsh v. Chambers, 463 U.S. 783 (1983), the court held that the county board’s invocation policy excluding a county resident’s Wiccan religion was constitutionally sound and that the Wiccan religion was not monotheistic, did not “fit broadly within ‘the Judeo-Christian tradition,’” and lacked “the unifying aspects of our heritage.” Id. 25 See Stephanie M. Wildman with Adrienne D. Davis, Language and Silence: Making Systems of Privilege Visible, 35 SANTA CLARA L. REV. 881, 890 (1995). See also STEPHANIE M. WILDMAN, PRIVILEGE REVEALED: HOW INVISIBLE PREFERENCE UNDERMINES AMERICA 141 (1996). [O]ur social system is not supposed to privilege organized religion or religious belief over the secular realm. But this protection of the secular creates a peculiar vacuum, in which religion is supposed to be invisible, yet Christmas is a national holiday. Even the phrasing ‘church [but 36 NEW YORK CITY LAW REVIEW [Vol. 9:31 religious practices and expressions are widely accepted and sanctioned by courts based on their context27 or tradition.28 It is now accepted that religious practices and expressions that are deeply embedded in the nation’s history and tradition do not violate the Constitution.29 They include, among others, opening the Supreme Court session with “God save the United States and this honorable not synagogue or mosque] and state’ privileges Christianity as the defining religion for constitutional drafting. Systems of privilege and the religious/ secular dichotomy intertwine with the rule of law to contribute to the undermining of justice. Systemic privileging and oppression remain invisible and undiscussed, in accordance with the unwritten rules of our society. The rule of law does nothing to end this invisibility and may even contribute to its continuation. Thus the very act of seeing that the rule of law and systems of privilege undermine justice is itself problematic. A full attack on privileging and oppression can begin in earnest only when the legal profession recognizes this privileging dynamic. But this reality—privilege—that we must see has not even found articulation in legal vocabulary. Id. 26 The term “domestication” is borrowed from lesbian legal theory. “Domestication also describes a process of substituting one way of thinking for another. Domestication has occurred when the views of the dominant culture, in this case legal culture, are so internalized they are considered common sense.” Ruthann Robson, Mother: The Legal Domestication of Lesbian Existence, 7 HYPATIA 172, 172 (1992). 27 See County of Allegheny v. ACLU, 492 U.S. 573, 621 (1989) (holding that a display of the cr`eche in a county courthouse violates the Establishment Clause while the display of a menorah in front of a county building, in a particular setting next to a Christmas tree, does not); Lynch v. Donnelly, 465 U.S. 668, 687 (1984) (holding that “notwithstanding the religious significance of the cr`eche,” its display by the city did not violate the Establishment Clause). Justice Burger stated: It would be ironic, however, if the inclusion of a single symbol of a particular historic religious event, as part of a celebration acknowledged in the Western World for 20 centuries, and in this country by the people, by the Executive Branch, by the Congress, and the courts for 2 centuries, would so “taint” the city’s exhibit as to render it violative of the Establishment Clause. To forbid the use of this one passive symbol— the cr`eche—at the very time people are taking note of the season with Christmas hymns and carols in public schools and other public places, and while the Congress and legislatures open sessions with prayers by paid chaplains, would be a stilted overreaction contrary to our history and to our holdings. Id. at 686. 28 See Freethought Soc’y of Greater Phila. v. Chester County, 334 F.3d 247, 269 (3d Cir. 2003) (holding that a Ten Commandments plaque affixed to a courthouse is not a real threat to the Establishment Clause). The court noted that “the age and history of the plaque provide a context which changes the effect of an otherwise religious plaque.” Id. at 264 (citing County of Allegheny, 492 U.S. at 630 (O’Connor, J., concurring)). 29 See Marsh, 463 U.S. at 788-89. Justice Burger held that a century-old practice of opening legislative sessions with a prayer by a chaplain paid with public funds does not pose a real threat to the Establishment Clause. Id. at 795. 2005] QUOTING THE BIBLE 37 Court;”30 opening a legislative session with a prayer;31 recognizing the nation in the pledge of allegiance as “one Nation under God;”32 and printing “In God We Trust” on our money,33 and posting it in court rooms, Congressional chambers, and other places of government business. After all, “In God we trust” is our national motto,34 and Thanksgiving and Christmas are national holidays.35 President Reagan even once proclaimed 1983 the year of the Bible.36 The privilege of Christian religion is also affirmed and supported by Congress. For example in 2005, members of Congress introduced a House resolution directing the Speaker of the House to display the Ten Commandments in the House Chamber in case the Supreme Court was to rule that the government display of the Ten Commandments in public places is unconstitutional.37 Advanced by Representatives King, Chabot, Bartlett, Norwood, Pitts, Westmoreland, Blackburn, Fox, Gingrey, Hostettler, Goode, and Alexander, the resolution was introduced in anticipation of the Supreme Court ruling on two Ten Commandment cases argued during the April 2005 term: Van Orden v. Perry38 and McCreary County v. ACLU.39 The resolution states, among other things, that the House “recognizes that posting the Ten Commandments in the House Chamber is a constitutionally protected expression of our Nation’s heritage and the foundation of our laws.”40 The statement that biblical commands are the foundation of our laws may come as a surprise to law school students who, upon entering law school, first 30 County of Allegheny, 492 U.S. at 630 (O’Connor, J., concurring) (reaffirming the secular purpose of “ceremonial deism” of the phrase, “God save the United States and this honorable Court,” which, despite its religious roots, does not convey endorsement of a particular religious belief). 31 Marsh, 463 U.S. at 795. See also Simpson, 404 F.3d at 282 (applying Marsh, which “teaches[ ] legislative invocations perform the venerable function of seeking divine guidance for the legislature”). But see Wynne v. Town of Great Falls, 376 F.3d 292, 301-02 (4th Cir. 2004), cert. denied, 125 S. Ct. 2990 (2005) (holding that the Town Council’s invoking of Jesus Christ while excluding deities associated with other faiths was “not constitutionally accepted legislative prayer like that approved in Marsh”). 32 4 U.S.C. § 4 (2000). 33 31 U.S.C. § 5112 (2000). 34 36 U.S.C. § 302 (2000). 35 5 U.S.C. § 6103 (1990). 36 S.J. Res. 165, 97th Cong., 96 Stat. 1211 (1982). 37 H.R. Res. 214, 109th Cong. (2005). 38 125 S. Ct. 2854, 2864 (2005) (holding that the display of a monument inscribed with the Ten Commandments on the Texas state capitol grounds did not violate the Establishment Clause). 39 125 S. Ct. 2722, 2745 (2005) (holding that displaying the Ten Commandments at a Kentucky county courthouse violated the Establishment Clause). 40 H.R. Res. 214, 109th Cong. (2005). 38 NEW YORK CITY LAW REVIEW [Vol. 9:31 learn about the history and sources of American law. One of the most popular law school books on this topic is the Historical Introduction to Anglo-American Law in a Nutshell.41 In tracing American legal history, this book starts by pointing out that most of the concepts of Anglo-American law were developed in the last eight hundred years,42 thus excluding the Bible as a direct source of our laws. The book also lays out two main sources of law upon which the American legal system relies: cases and statutes.43 The Bible is not mentioned as a source of American law. The privilege of Christianity as the predominant religion in the United States is vigorously supported by the media. While the author was working on this Article, Pope John Paul II died on April 2, 2005.44 Shortly thereafter, on April 11, 2005, Maurice Hilleman, one of the greatest scientists of modern times, died.45 While Pope John Paul II was considered by many to be one of the most important “spiritual leaders and moral teachers of the Modern Era”46 and probably one of the most famous people in the world, microbiologist Maurice Hilleman remained “the world’s best kept secret.” 47 The discrepancy in the print media coverage of the deaths of these two important persons speaks for itself and is stunning. A search of the term “Pope John” in the “Major Newspapers” section of the Lexis News & Business online database produced 1086 entries for the period between April 2, 2005, when the Pope died, and April 3, 2005, when the news was announced. In contrast, a search for “Maurice Hilleman” in the same database for the period between April 11, 2005, when the scientist died, and April 12, 2005, when the news was released, produced only four results: the Balti- 41 FREDERICK G. KEMPIN, JR., HISTORICAL INTRODUCTION TO ANGLO-AMERICAN LAW IN A NUTSHELL (3d. ed. 1990). 42 Id. at 2. 43 See id. at 95-125. For a detailed explanation of sources of Anglo-American law, see generally CARLETON KEMP ALLEN, LAW IN THE MAKING (1927); and SIR FREDERICK POLLOCK & FREDERIC WILLIAM MAITLAND, THE HISTORY OF ENGLISH LAW BEFORE THE TIME OF EDWARD I (2d ed. 1923). 44 See After 26-Year Reign, Pontiff Dies at 84, CNN, Apr. 2, 2005, http:// www.cnn.com/2005/WORLD/europe/04/02/pope.dies/index.html; Ian Fisher, Pope John Paul II Dies at 84, N.Y. TIMES, Apr. 3, 2005, at A1. 45 Lawrence K. Altman, Maurice Hilleman, Master in Creating Vaccines, Dies at 85, N.Y. TIMES, Apr. 12, 2005, at A1. 46 S. Res. 95, 109th Cong. (2005). See also S. Res. 94, 109th Cong. (2005); H.R. Res. 186, 109th Cong. (2005). 47 Patricia Sullivan, Maurice R. Hilleman Dies; Created Vaccines, WASH. POST, Apr. 13, 2005, at B6. Maurice Hilleman “invented over 40 vaccines, including those for mumps, chickenpox, measles, rubella, hepatitis A and B, meningitis, and countless variants of the flu virus.” Caroline Richmond, Obituary, Maurice Hilleman; Inventor of More than 40 Vaccines, INDEPENDENT (London), Apr. 20, 2005, at 35. 2005] QUOTING THE BIBLE 39 more Sun, the New York Times, the Orlando Sentinel, and the Seattle Times. While religious expression is recognized as part of American tradition and history, no court has yet provided a reasonable explanation of how the passage of time makes religious expression less religious and more secular so that it becomes a primary source of constitutional legitimacy.48 The proposition that religious practices and expressions do not violate the Constitution because they are accepted by a majority of society or are somehow “secularized” is a dangerous one.49 The government’s endorsement and use of religion encourages the oppression of minorities because it makes religious privilege invisible, allowing the majority in power to use the law according to its own beliefs.50 Congress is the biggest threat today to both judicial independence from religion and the court’s traditional role as the interpreter of the law. Members of Congress introduced the Constitution Restoration Act of 2005: Notwithstanding any other provision of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any matter to the extent that relief is sought against an entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity’s, officer’s, or agent’s acknowledgment of God as the sovereign source of law, liberty, or government.51 48 Charles Gregory Warren, No Need to Stand on Ceremony: The Corruptive Influence of Ceremonial Deism and the Need for a Separationist Reconfiguration of the Supreme Court’s Establishment Clause Jurisprudence, 54 MERCER L. REV. 1669, 1691-92 (2003). See also State v. Ceballos, 832 A.2d 14, 55 (Conn. 2003) (Zarella, J., concurring in part and dissenting in part). [N]ot all religious references, including allusions to the Bible, God or other biblical characters, are impermissible. This is because many words and phrases traditionally viewed as religious in nature or derived from religious sources have become, over time, an integral part of the English language, and no longer may be recognized by either prosecutors or jurors as having purely religious connotations or derivations. Consider, for example, the phrases “raising Cain” and “for whatever a man sows, that he will also reap.” Both phrases are common expressions derived from the Bible. Still other expressions, such as “an eye for an eye,” have both religious and secular origins. Id. (citation omitted). 49 Warren, supra note 48, at 1692-93. 50 See generally Duncan, supra note 21. 51 S. 520, 109th Cong. (2005); see also H.R. 1070, 109th Cong. (2005). The Constitution Restoration Act was first introduced during the 108th Congress. See S. 2082, 108th Cong. (2004); S. 2323, 108th Cong. (2004); H.R. 3799, 108th Cong. (2004). During the 108th Congress, many other bills and resolutions were introduced recog40 NEW YORK CITY LAW REVIEW [Vol. 9:31 By imposing its own religious values, the conservative religious right movement is destroying two of the most important values of American society: tolerance and pluralism.52 Attempts by conservative members of Congress to deprive the Supreme Court and the federal courts of their jurisdiction in solving disputes with religious subject matter are without precedent in our history. These attempts undermine the long-standing principle of judicial review articulated in Marbury v. Madison.53 At the same time, courts’ use of religious references and religious convictions in their decisionmaking is on the rise.54 It is hardly worth noting that, in a society with a Christian majority, the majority of judges are Christians.55 The power of the nizing the privilege of Christianity. See also H.R.J. Res. 39, 108th Cong. (2004) (constitutional amendment proposing “[a] law that prescribes the Pledge of Allegiance or provides for United States coins or currency is not a law respecting an establishment of religion because it refers to God in the Pledge or includes a reference to God on coins or currency.”); S. 1558, 108th Cong. (2003) (Religious Liberties Restoration Act proposing: the power to display the Ten Commandments on government property; the power to recite the Pledge of Allegiance on government property; the power to recite the national motto “In God We Trust” on government property; and the power to except this subject matter from the jurisdiction of federal courts inferior to the Supreme Court); S. Con. Res. 91, 108th Cong. (2004) (proposing to designate April 2005 as American Religious History Month and requesting that “the President issue a proclamation calling upon the people of the United States to observe the year with appropriate ceremonies and activities”). 52 Abraham H. Foxman, Foreword to ANTI-DEFAMATION LEAGUE, THE RELIGIOUS RIGHT: THE ASSAULT ON TOLERANCE AND PLURALISM IN AMERICA, at iii-iv (1994). This book provides an insight into the grassroots organizing and political commitment of the religious right that led to its enormous power and influence over all three branches of the government in the 1990s. The author defines the religious right as an: array of politically conservative religious groups and individuals who are attempting to influence public policy based on shared cultural philosophy that is antagonistic to pluralism and church/state separation. The movement consists mainly of Protestants, most of them evangelical or fundamentalist, a far smaller number of Catholics, and a smattering of Jews. Id. at 7. 53 See Marbury v. Madison, 5 U.S. 137, 177 (1803). “It is emphatically the province and duty of the judicial department to say what the law is.” Id. 54 See infra Appendix. 55 The first Jewish Justice of the Supreme Court, Louis D. Brandeis, was appointed in 1916 by President Wilson. See Ruth Bader Ginsburg, From Benjamin to Brandeis to Breyer: Is There a Jewish Seat?, 41 BRANDEIS L.J. 229, 233 (2002). See also Religious Affiliation of the U.S. Supreme Court, http://www.adherents.com/adh_sc.html (last modified Jan. 31, 2006) (noting that with the confirmation of Samuel Alito, the Supreme Court consists of seven Christian (Alito, Kennedy, Roberts, Scalia, Souter, Stevens, and Thomas) and two Jewish (Breyer and Ginsburg) justices). Statistics show that the Supreme Court is 78% Christian, with a Catholic majority of 56%; while 76.5% of the total U.S. population is affiliated with Christianity. Id. 2005] QUOTING THE BIBLE 41 courts to use religious references as they see fit should not be underestimated. Speaking about the power of judicial review, Alexander Bickel once said, “[t]he least dangerous branch of the American government is the most extraordinarily powerful court of law the world has ever known.”56 Judges should be mindful of the power they are vested with and the public trust in their impartiality and refrain entirely from using religious references in their decision-making. Judges are bound by the Code of Judicial Conduct, which, in addition to its canons requiring that judges uphold the integrity, independence, and impartiality of the judiciary,57 clearly states: A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, court officials and others subject to the judge’s direction and control to do so.58 The arbitrariness, inconsistency, and lack of law on the use of religious references in decision-making are some of the main reasons why such use should be proscribed. I. RELYING ON THE BIBLE IN CRIMINAL SENTENCING While the use of religious references in judicial decision-making is generally unjustified and inappropriate, the most disturbing and harmful invocation of the Bible takes place in criminal sentencing decisions. The Bible is regularly quoted during the criminal sentencing phase of trials by prosecutors and defense attorneys. In their closing arguments, both sides often invoke the Bible in order to convince juries that defendants deserve or do not deserve punishment. Even those defendants who do not wish to use biblical passages in their closing arguments, or for whom such use may be inappropriate, are coerced into doing so in response to prosecutorial use of religion. Such biblical invocation poses a great threat to a defendant’s constitutional rights.59 However, attorneys 56 ALEXANDER M. BICKEL, THE LEAST DANGEROUS BRANCH: THE SUPREME COURT AT THE BAR OF POLITICS 1 (2d. ed. 1986). 57 ANNOTATED MODEL CODE OF JUDICIAL CONDUCT Canons 1 & 3 (2004). 58 Id. at Canon 3 (B)(5). 59 See generally Marcus S. Henson, Carruthers v. State: Thou Shalt Not Make Direct Religious References in Closing Argument, 52 MERCER L. REV. 731 (2001). But see Elizabeth A. Brooks, Thou Shalt Not Quote the Bible: Determining the Propriety of Attorney Use of Religious Philosophy and Themes in Oral Arguments, 33 GA. L. REV. 1113 (1999). 42 NEW YORK CITY LAW REVIEW [Vol. 9:31 are not alone in quoting the Bible. They are increasingly joined by trial judges, who use religious references in their decision-making process and their written opinions.60 While no court has yet specifically addressed whether judicial reliance on religious convictions in written opinions violates the Establishment Clause,61 some courts have considered the issue of whether a defendant’s due process rights are violated when judges rely on religious convictions or religious texts during the sentencing phase. In one well-publicized case, televangelist James O. Bakker, convicted of fraud and conspiracy, challenged his forty-fiveyear sentence claiming a due process violation because the trial judge made personal religious remarks during sentencing.62 The Fourth Circuit held that the trial judge’s comment, “[h]e had no thought whatever about his victims and those of us who do have a religion are ridiculed as being saps from money-grubbing preachers or priests,” made during sentencing, violated Bakker’s due process.63 The Bakker court recognized that the Constitution does not require judges to relinquish their religious beliefs when they assume the office, but it stated that “[c]ourts, however, cannot sanction sentencing procedures that create the perception of the bench as a pulpit from which judges announce their personal sense of religiosity and simultaneously punish defendants for offending it. Whether or not the trial judge has a religion is irrelevant for purposes of sentencing.”64 While Bakker does not involve explicit religious reference by a judge, it serves as a good example of a decision validating the utmost importance of judicial impartiality. However, judges differ on their approach to the use of religious references by their colleagues. The Ohio case of James Arnett is illustrative of the opposing views that judges hold about the use of religious references in judicial decision-making. James Arnett was sentenced to fifty-one years in prison after pleading guilty to ten counts of rape and one count of pandering obscenity to the minor daughter of his live-in girl- 60 See Lis Wiehl, Judges and Lawyers Are Not Singing from the Same Hymnal When It Comes to Allowing the Bible in the Courtroom, 24 AM. J. TRIAL ADVOC. 273, 274 (2000). 61 Modak-Truran, supra note 3, at 783. For a discussion about the lack of Establishment Clause violation challenges in capital cases involving religion during the penalty phase, closing arguments, and jury deliberations, see Gary J. Simson & Stephen P. Garvey, Knockin’ on Heaven’s Door: Rethinking the Role of Religion in Death Penalty Cases, 86 CORNELL L. REV. 1090, 1104-30 (2001). 62 United States v. Bakker, 925 F.2d 728, 740 (4th Cir. 1991). 63 Id. at 740-41. 64 Id. at 740. 2005] QUOTING THE BIBLE 43 friend.65 On appeal, the court remanded for resentencing, holding that the trial judge acted outside the state’s sentencing guidelines and that she violated the defendant’s due process when she used a specific text from the Bible as a determining factor in sentencing.66 The trial judge explained to the defendant that when she had recently imposed a twenty-year sentence for a murder, at least the victim was gone and there was no pain to suffer, but in his case the victim would hurt for the rest of her life.67 The judge proceeded by describing her struggle the night before the sentencing decision about what sentence to impose when she found the answer in a biblical passage.68 The judge then quoted a passage from Matthew 18:5-6: “And whoso shall receive one such little child in my name, [sic] receiveth me. But, [sic] whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that [sic] he were drowned in the depth of the sea.”69 It is interesting to note that Judge Painter, who wrote the Ohio Court of Appeals opinion, added a footnote after the above quotation, in which he noted: We must quote from the trial transcript, which is not entirely consistent with the Bible, King James Version. The notation “sic” indicates instances where words should have been italicized and where commas should not have been added. We assume that the court reporter added these errors and that the judge read the passage correctly.70 The apologetic tone of this footnote about quoting from a nonauthoritative version of the Bible and the care taken to achieve compliance with the King James Version is most striking. The authoritativeness of the King James Version71 appears to be self-evident for readers familiar with Christian religious texts, but this is most peculiar for someone who does not belong to that majority. It is not entirely clear why the judge took such care to correct the 65 State v. Arnett, Nos. C-980172, C-980173, 1999 WL 65632, at *1 (Ohio Ct. App. Feb. 5, 1999), cert. denied 126 S. Ct. 207 (2005). 66 Id. at *2. 67 Id. at *1. 68 Id. 69 Id. 70 Id. at *1 n.1. 71 More than fifty English translations were printed before the King James Bible was published in 1611. DAVID CRYSTAL, THE STORIES OF ENGLISH 271-75 (2004). The King James Version, popularly known as the “Authorized Version,” was selected to be read in churches. Id. Most of its vocabulary and phrasing derived from the first English translation by William Tyndale, printed in 1525-1526. Id. 44 NEW YORK CITY LAW REVIEW [Vol. 9:31 errors, namely italics and misplacement of commas, or why there was a concern with whether the judge read the passage correctly. It seems almost as if there was a legal requirement that when a court cites the Bible, the King James Version must be used. After the state appealed, the Ohio Supreme Court reinstated the sentence, holding that a sentencing judge’s quotation of a religious text and the acknowledgement of its use during the deliberation process is not impermissible per se and does not violate a defendant’s due process.72 The defendant petitioned for a writ of habeas corpus claiming a violation of the First Amendment Establishment Clause and his due process rights.73 The district court held that the First Amendment claim was waived due to failure to include it in a brief and argument before the state appellate court, but that the judge’s reliance on a biblical passage as the final source for determining the sentence warranted conditional habeas relief until resentencing by a different judge.74 Subsequently, the Sixth Circuit dismissed the habeas petition, holding that the trial judge’s quotation of Matthew 18:5-675 in determining the sentence did not violate the defendant’s due process right because the biblical passage relied upon was just an “additional” source, rather than the “final” source of the decision.76 However, the dissent noted that the trial judge’s reliance on the New Testament provision to determine the sentence was dispositive because, according to the record, the judge admitted that her struggle over the final sentence was answered by this biblical passage. 77 Relying on Bakker, the dissent concluded that the use of a religious text as an authoritative source for reaching a legal result violated the defendant’s fundamental expectation of due process and expressed this related concern: If the Constitution sanctions such direct reliance on religious sources when imposing criminal sentences, then there is nothing to stop prosecutors and criminal defense lawyers from regularly citing religious sources like the Bible, the Talmud, or the Koran to justify their respective positions on punishment. The 72 State v. Arnett, 724 N.E.2d 793, 804 (Ohio 2000), cert. denied 126 S. Ct. 207 (2005). 73 Arnett v. Jackson, 290 F. Supp. 2d 874, 875 (S.D. Ohio 2003). The court found that the Magistrate Judge correctly applied the standard of review set forth in the Anti-Terrorism and Effective Death Penalty Act, 28 U.S.C. § 2244(d). Id. at 877-78. 74 Id. at 878. 75 Arnett v. Jackson, 393 F.3d 681, 684 (6th Cir. 2005), cert. denied 126 S. Ct. 207 (2005). 76 Id. at 688. 77 Id. at 689 (Clay, J., dissenting). 2005] QUOTING THE BIBLE 45 judge would be placed in the position of not only considering statutory sentencing factors, but also deciding which religious texts best justify a particular sentence. Under this approach, the judgments of trial courts could begin to resemble the fatwas of religious clerics, and the opinions of appellate courts echo the proclamations of the Sanhedrin.78 The Sixth Circuit’s conclusion that “[t]here is nothing in the totality of the circumstances of Arnett’s sentencing to indicate that the trial judge used the Bible as her ‘final source of authority,’ as found by the district court,”79 is contrary to the trial judge’s own words: Because I was looking for a source, what do I turn to, to make, to make that determination, what sentence you should get . . . . And in looking at the final part of my struggle with you, I finally answered my question late at night when I turned to one additional source to help me.80 Although the trial judge said she turned to “one additional source,” she used the words “make that determination” when she referred to the sentence to impose.81 More importantly, she used the words “final part” and “finally answered” which clearly emphasized that the finality of her sentencing decision was solved by that one additional source.82 The plain meaning of the language “final” and “finally” was simply dismissed by the Sixth Circuit. The court justified its conclusion by reasoning that, “The [b]iblical principle of not harming children is fully consistent with Ohio’s sentencing consideration to the same effect.”83 The fact that the judge did not impose the maximum sentence commanded by the Bible proved that she did not actually sentence the defendant based upon her religious belief.84 As is obvious from the Arnett case, courts often justify the use of religious references on the grounds of consistency with the statutory law applied in the case. That is an unnecessary and disturbing practice. In considering the defendant’s due process 78 Id. at 691 (Clay, J., dissenting). 79 Id. at 688. 80 Id. at 684. 81 Id. In discussing what constitutes reliance on religious convictions, Kent Greenawalt states, “[t]he clearest instances of reliance on religious convictions occur when the person is certain that he would make a different choice if he disregarded those convictions. . . . A person is clearly not relying on religious convictions when his choice rests firmly on independent grounds.” GREENAWALT, RELIGIOUS CONVICTIONS, supra note 2, at 36. 82 Arnett, 393 F.3d at 684. 83 Id. at 688. 84 Id. 46 NEW YORK CITY LAW REVIEW [Vol. 9:31 violation claim in Arnett, the Sixth Circuit used the Supreme Court rule that a defendant’s due process rights are violated when the death sentence is based on “factors that are constitutionally impermissible or totally irrelevant to the sentencing process, such as for example the race, religion or political affiliation of the defendant.” 85 The Sixth Circuit then said, without any additional explanation, that the trial judge in Arnett did not base her decision on an impermissible factor, and that the factor used was not “totally irrelevant” because it was consistent with the sentencing statute.86 Nevertheless, before it reversed and remanded the case, the Sixth Circuit recognized the following: “We reach this conclusion despite the fact that reasonable minds could certainly question the propriety of the trial judge making mention of the Bible at all in her sentencing decision.”87 Whether the biblical passage quoted in an opinion is consistent or inconsistent with the statutory provision governing the case is irrelevant and, as such, should not be considered or included in a written opinion justifying a decision. Another example of the judicial use of biblical passages in criminal sentencing is the Nebraska case State v. Pattno.88 In Pattno, the defendant pled guilty to the sexual assault of a child and was sentenced to a minimum of twenty months and a maximum of five years in prison by the trial court judge.89 Before he imposed the sentence, the trial judge recited an extensive biblical scripture against homosexuality90 followed by the comment that he also con- 85 Id. at 686 (quoting Zant v. Stephens, 462 U.S. 862, 885 (1983)). 86 Id. at 686-87. 87 Id. at 688. 88 579 N.W.2d 503 (Neb. 1998). 89 Id. at 506. 90 Id. at 505-06. Ever since the creation of the world his invisible nature, namely, his external power and deity, has been clearly perceived in the things that have been made. So they are without excuse; for although they knew God they did not honor him as God or give thanks to him as God, but they became futile in their thinking and their senseless minds were darkened. Claiming to be wise, they became fools, and exchanged the glory of the immortal God for images resembling mortal man or birds or animals or reptiles. Therefore God gave them up in the lusts of their hearts to impurity, to the dishonoring of their bodies among themselves, because they exchanged the truth about God for a lie and worshiped and served the creature rather than the Creator, who is blessed for ever [sic]. Amen. For this reason God gave them up to dishonorable passions. Their women exchanged natural relations for unnatural, and the men likewise gave up natural relations with women and were consumed with passion for one another, men committing shameless acts with men and receiving in their own persons the due penalty for their error. 2005] QUOTING THE BIBLE 47 sidered the “nature . . . of the defendant.”91 The Nebraska Supreme Court held that a reasonable person could have questioned the trial judge’s impartiality because he relied upon his personal religious beliefs in deciding the sentence.92 The court also pointed out that the defendant was convicted of having sexual contact with a minor, which is a crime, and not of having sexual contact with a person of the same gender, which is not a crime in the state of Nebraska.93 It is not unusual for judges to inject biblical passages in their opinions as justification for supporting the harsh punishment of certain crimes such as child sexual abuse. In People v. Jagnjic, the defendant pleaded guilty to aggravated sexual abuse of a child and was sentenced to no less than five and no more than fifteen years in prison.94 However, the New York Appellate Division found that, absent a professional psychiatric evaluation, the sentence was excessive. 95 In a dissenting opinion, Justice Lupiano pointed to the heinous nature of the crime, arguing that the sentencing decision should not be disturbed and quoted a biblical passage to support that view: The condemnation of crimes against the young is deeply ingrained in the ethical and moral history of western civilization. Indeed, the bible is replete with references to this universal condemnation as, for example, the following scriptural passage concerning children—“Whosoever shall offend one of these little ones . . . it were better than a millstone were hanged about his neck, and that he were drowned in the depth of the sea” (Matthew 18:6).96 Quoting the Bible in support of a judicial decision is in clear violation of the judicial code, and it prejudices defendants not only by the content of the religious reference, but by the very fact that an irrelevant, extralegal source is used in the decision-making process. Id. (quoting the Bible). 91 Id. at 506. 92 Id. at 509. 93 Id. at 508. No statute in this state criminalizes sexual contact between consenting adults of the same gender. Thus, Pattno’s crime is that he had sexual contact with a minor; not that he had sexual contact with another male. Therefore, the biblical scripture which the judge read was not relevant to the crime to which Pattno pled guilty, and it should not have been considered by the judge in determining an appropriate sentence. Id. 94 447 N.Y.S.2d 439, 439 (App. Div. 1982). 95 See id. at 439-40. 96 Id. at 443 (Lupiano, J., dissenting). 48 NEW YORK CITY LAW REVIEW [Vol. 9:31 As the Arnett, Pattno, and Jagnjic cases illustrate, any reliance on the Bible as a direct or supporting source of authority in the decisionmaking process jeopardizes the integrity of the criminal justice system and, if not proscribed, encourages further use of the Bible by judges and other officers of the court. II. UNDERMINING THE RELIGIOUS CHARACTER OF RELIGIOUS REFERENCES There are many cases where judicial reference to a biblical passage is justified by the use of language that undermines the religious character of the text or its authority.97 This type of qualifying statement is in direct contradiction to the actual meaning of the text and to courts’ use of the Bible to support their arguments in countless cases in which the biblical references are used in their proper meaning. It is only logical to conclude that any use of biblical references in judicial decision-making, especially in written opinions, must be entirely arbitrary. On one hand, judges invoke the Bible as serious support for their propositions, and, on the other, their use of the Bible is trivialized. Judge Hildebrandt, who dissented in the State v. Arnett Ohio Court of Appeals decision finding a violation of due process, used the “mere”98 language justifica- 97 By qualifying a statement with “mere” or “merely,” courts undermine the religious value of the source from which the quotation is taken, despite the fact that the Bible is cited as the authority. This trend is consistent with the Supreme Court’s “secularization” of religious expressions. See generally Ashley M. Bell, “God Save This Honorable Court”: How Current Establishment Clause Jurisprudence Can Be Reconciled with the Secularization of Historical Religious Expressions, 50 AM. U. L. REV. 1273 (2001). Bell criticizes the Supreme Court’s secularization approach to religious expression: In addition to being an inconsistent solution, secularization does a great disservice to both religion and society. . . . Moreover, the Court seems more apt to secularize practices derived from Christianity, thus preferring Christianity over other religions. This consequence results in ‘religious divisiveness, violating the fundamental principles behind the religion clauses.’ Thus, the entire purpose of secularization backfires in its process. While attempting to neutralize religious influence, the Court in actuality prefers some religions, namely Christianity, over others. Id. at 1305-07. This critique is consistent with the famous quote of the Supreme Court that, “The Ten Commandments are undeniably a sacred text in the Jewish and Christian faiths, and no legislative recitation of a supposed secular purpose can blind us to that fact.” Stone v. Graham, 449 U.S. 39, 41 (1980). 98 The Oxford English Dictionary defines “mere” and “merely” as follows: “mere- Having no greater extent, range, value, power, or importance that the designation implies; that is barely or only what it is said to be;[ ] insignificant, ordinary, foolish, inept” and “merely-Without any other quality, reason, purpose, view, etc.; only (what is referred to) and nothing more.” SHORTER OXFORD ENGLISH DICTIONARY ON HISTORICAL PRINCIPLES 1750 (5th ed. 2002). 2005] QUOTING THE BIBLE 49 tion twice in a very short opinion. Hildebrandt stated that “[t]he language quoted from the Bible merely reflects society’s interests in protecting its most vulnerable citizens, a laudable goal that is incorporated into the sentencing guidelines enacted by the General Assembly.”99 The dissent concluded, “[t]he mere citation of scriptural material in pronouncing the sentence should not be permitted to obscure the fact that the trial judge based her decision on the proper statutory considerations and that the defendant has failed to demonstrate that any prejudice resulted from the judge’s statements.”100 In reinstating the sentence, Supreme Court of Ohio Judge Cook used the “mere” language to distinguish general principles from personal beliefs: “Several state supreme courts, though they cite Bakker with approval, have declined to vacate sentences where the judge’s religious comments merely acknowledge generally accepted principles, as opposed to highly personal religious beliefs that become the basis for the sentence imposed.”101 In conclusion, the court found that “Arnett’s sentencing judge cited a religious text merely to acknowledge one of several reasons—‘one additional source’—for assigning significant weight to a legitimate statutory sentencing factor.”102 The court’s distinguishing of Bakker from Arnett is unpersuasive when it states that “Bakker merely prohibits a judge’s personal religious principles from being ‘the basis of a sentencing decision.’”103 There is no explanation of how the trial judge’s personal religious principles in Arnett were not implicated within the general principles when she turned to the book of Matthew for final help in determining the sentence. A judge’s personal perception of the meaning of biblical passages seems to be crucial in determining whether the use of the Bible is authoritative or symbolic. A judge’s use of the word “mere” often determines whether a defendant’s due process challenge succeeds. For example, in State v. Cribbs, the Tennessee Supreme Court affirmed the death sentence of a defendant convicted of premeditated first degree murder.104 On appeal, the defendant argued that the prosecution’s use of biblical references to justify the death sentence violated his due process rights.105 The state argued 99 Arnett, 1999 WL 65632, at *3 (Hildebrandt, J., dissenting). 100 Id. 101 Arnett, 724 N.E.2d at 803. 102 Id. 103 Id. at 804. 104 967 S.W.2d 773, 776 (Tenn. 1998). 105 Id. at 783. 50 NEW YORK CITY LAW REVIEW [Vol. 9:31 that although biblical quotations were impermissible, the prosecutor’s use of the language “‘whatever a man sows, so shall he reap’ was merely a metaphor for individual accountability, rather than a justification for imposition of the death penalty.”106 Noting that a biblical reference in this case was inappropriate, the court nevertheless accepted the state’s argument finding that it did not prejudice the defendant.107 The court justified its finding by calling attention to the consistency of the biblical principle with the statute: “[W]e view the comments by the prosecutor which implied that Tennessee law embraced the principle of ‘reap what you sow’ as merely an extension of that metaphor.”108 Similarly, the dissent in People v. Harlan used the “merely” phraseology to point out the trial court’s misquoting of biblical passages in the trial record. Harlan was sentenced to death for first-degree murder, but his sentence was vacated because the jury was permitted to bring “the Bible into the jury room to share with others the written Leviticus and Romans texts during the deliberation.” 109 According to the dissent, the trial court concluded that one of the jurors used Romans 13:1, “which requires that one look at government authorities as God’s representative on earth and follow their lead as agents of ‘wrath to bring punishment to the wrongdoer.’”110 The dissent did not contest that the juror used Romans 13:1, but it explained that the passage “merely states ‘Let every soul be subject to the governing authorities for there is no authority except from God and the authorities that exist are appointed by God.’”111 The judge said that the trial court actually imported the language “wrath to bring punishment to the wrongdoer” from Romans 13:4 and criticized the majority for not correcting “these overstatements.”112 The thrust of the Romans passage is an absolute submission to the authorities—and only those established by God. The trial court’s use of language from 106 Id. 107 Id. at 784. 108 Id. 109 109 P.3d 616, 632 (Colo. 2005). This case immediately caught the attention of the media. See Kirk Johnson, Colorado Court Bars Execution Because Jurors Consulted Bible, N.Y. TIMES, Mar. 29, 2005, at A1; Thane Rosenbaum, Is Court a Place for Morals?, L.A. TIMES, Mar. 30, 2005, at B11; Eric Gorski, Book, Not Faith, Broke Court Rules, DENV. POST, Mar. 30, 2005, at 1A; Suzanne Goldenberg, US Jury’s Bible Death Sentence Quashed, GUARDIAN, Mar. 30, 2005, at 11; Bible-Influenced Death Penalty Ruling Rejected, IRISH TIMES, Mar. 30, 2005, at 10. 110 Harlan, 109 P.3d at 635 (Rice, J., dissenting). 111 Id. 112 Id. 2005] QUOTING THE BIBLE 51 Romans 13:4 about the consequences of wrongdoing that would be imposed by God’s appointees neither changed the nature of the command from Romans 13:1 nor undermined the main idea of divine authority this biblical passage conveyed. The juror’s reference to Romans 13:1 alone was sufficient as an improper invocation of an extra-legal authority and cannot be undermined by the dissent’s language “merely states.” This case exemplifies how a judge’s personal view and interpretation of the Bible may affect the outcome of a case. There are many other ways courts qualify the use of religious references in order to find it justifiable or to undermine the impact of such references. One example of the characterization of the use of a biblical passage is found in Bussard v. Lockhart.113 In that case, the court denied a habeas petition for a defendant who escaped from arrest after committing murder, remaining at-large for four years.114 The prosecutor in Bussard used a biblical passage to support the inference of guilt from the escape: “Proverbs 28:1 fits it just as clear as it can be. ‘The guilty flee when no man pursueth while the righteous stand bold as a lion.’ He fled to avoid coming to trial. That shows guilt.”115 In addressing the use of the biblical passage, the court stated: The prosecutor did not use the Bible to invoke the wrath of God against Bussard or to suggest that the jury apply divine law as an alternative to the law of Arkansas. Instead, the prosecutor simply resorted to Proverbs for a more poetic version of a commonsense connection expressly recognized by Arkansas law: flight suggests consciousness of guilt.116 The court cited two cases Killcrease v. State117 and Ward v. State118 in support of the proclamation that Arkansas law expressly recognizes that flight suggests consciousness of guilt.119 A careful reader will notice, however, that only in the Killcrease case was there an issue of flight from arrest.120 Although in Ward the court discussed the fact that the defendant fled the scene upon the arrival of the police, nowhere did the court indicate that the flight was an issue in the case, nor did it state a particular rule related to flight other than “it 113 32 F.3d 322 (8th Cir. 1994). 114 Id. at 323. 115 Id. at 324. 116 Id. 117 836 S.W.2d 380, 382 (Ark. 1992) (flight from arrest corroborates other evidence of guilt). 118 816 S.W.2d 173, 175 (Ark. Ct. App. 1991) (flight from scene of crime). 119 Bussard, 32 F.3d at 324. 120 Killcrease, 836 S.W.2d at 381. 52 NEW YORK CITY LAW REVIEW [Vol. 9:31 may be considered with other evidence in determining guilt.”121 In Killcrease, the defendant was convicted of raping his minor daughter and sentenced to life in prison. On appeal he contended that the evidence of his arrest in Louisiana was irrelevant because no warrant was issued or any charges filed when he left Arkansas.122 The court held that it was up to a jury to determine whether the defendant fled to avoid arrest and that “[f]light to avoid arrest may be considered by the jury as corroboration of evidence tending to establish guilt.”123 In support of this rule, the Killcrease court cited two opinions, Riddle v. State and Ferguson v. State.124 The long line of cases using this rule leads to Stevens v. State, the first case that formulated it as follows: “Flight of the accused is admissible as a circumstance in corroboration of evidence tending to establish guilt.”125 Although many courts followed the rule as articulated in Stevens,126 the court in Ferguson changed the language by omitting the word “circumstance” from its holding that flight may “be considered as corroboration of evidence tending to establish guilt.”127 The difference between the biblical proverb used by the prosecutor in Bussard to support the demonstration of guilt and the rule as originally formulated by the Supreme Court of Arkansas is evident. The language in the proverb sends the message that fleeing is evidence of guilt, while the language of the court’s rule states that fleeing may be considered as a circumstance in corroboration of evidence tending to prove guilt. Even if one compares the modified language of the rule that fleeing suggests consciousness of guilt, the difference is still insufficient for the court to conclude that the biblical passage was a “poetic version” of the rule. The Bussard case is an illustration of the judicial slippage from biblical text to legal rules without realizing the impact such conflation actually has on the life of a human being. Concerned with the confounding of morality and law, Justice Oliver Wendell Holmes said in his famous essay The Path of the Law, “[t]he law is full of phraseology drawn from morals, and by the mere force of language continually invites us to pass from one domain to the other without perceiving it, as we are sure to do unless we have the 121 See Ward, 816 S.W.2d at 175. 122 Killcrease, 836 S.W.2d at 382. 123 Id. 124 Id. (citing Riddle v. State, 791 S.W.2d 708 (Ark. 1990), and Ferguson v. State, 769 S.W.2d 418 (Ark. 1989)). 125 221 S.W. 186, 188 (Ark. 1920). 126 See Smith v. State, 238 S.W.2d 649, 655 (Ark. 1951); Mason v. State, 688 S.W.2d 299, 300 (Ark. 1985); Yedrysek v. State, 739 S.W.2d 672, 675 (Ark. 1987). 127 Ferguson, 769 S.W.2d at 419. 2005] QUOTING THE BIBLE 53 boundary constantly before our minds.”128 However, there are a variety of ways in which religious references are used in the decision-making process and in reasoning justifying decisions. Courts quote the Bible in order to support their propositions and to show that they are consistent with traditional morality. They sometimes use biblical passages as metaphors or to illuminate a particular common law principle. The Bible often becomes part of the historical explanation of a particular law or practice. In some instances, a biblical passage appears as a rule upon which a decision is based or accompanies a common law or statutory rule as a confirmation of the consistency of our law. The next part will show different ways in which the Bible is used in judicial opinions. III. QUOTING THE BIBLE FOR VARIOUS PURPOSES In some instances, judges use the Bible to express their personal religious and moral beliefs, and former Chief Justice Moore of the Supreme Court of Alabama may be the best example of this practice. In Ex parte H.H., a lesbian ex-wife was denied custody of her children despite the fact that there was evidence of her exhusband’s excessive disciplinary punishment of children.129 Justice Moore’s special concurring opinion is an illustration of inappropriate judicial decision-making using the Bible as law. He starts his opinion with a strong statement: [T]he homosexual conduct of a parent—conduct involving a sexual relationship between two persons of the same gender— creates a strong presumption of unfitness that alone is sufficient justification for denying that parent custody of his or her own children or prohibiting the adoption of the children of others.130 Justice Moore’s perspective that a parent’s homosexual conduct is unfit per se is founded entirely on religious teachings against samesex sexual relationships.131 Unlike the gender-based tender years presumption that the Supreme Court of Alabama found unconstitutional, 132 the sexual orientation-based presumption is still valid in some states.133 The main justification for the per se rule is ex- 128 Oliver Wendell Holmes, The Path of the Law, 10 HARV. L. REV. 457, 459-60 (1897). 129 830 So. 2d 21, 25-26 (Ala. 2002). 130 Id. at 26. 131 See Romans 1:18-32 (New International). 132 See Ex parte Devine, 398 So. 2d 686, 696-97 (Ala. 1981). 133 See, e.g., Roe v. Roe, 324 S.E.2d 691 (Va. 1985). Some courts require that a 54 NEW YORK CITY LAW REVIEW [Vol. 9:31 plained by Justice Moore: “Homosexual conduct is, and has been, considered abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature and of nature’s God upon which this Nation and our laws are predicated.”134 Justice Moore finds support for his proposition in Blackstone’s Commentaries135 and proceeds to quote from the Bible and various other sources condemning homosexuality.136 He concludes his opinion with the following words: “The common law adopted in this State and upon which our laws are premised likewise declares homosexuality to be detestable and an abominable sin. Homosexual conduct by its very nature is immoral, and its consequences are inherently destructive to the natural order of society.”137 By quoting biblical passages in support of their decisions, judges like Justice Moore perpetuate homophobia and the legitimacy of laws based on religious morality138 without any concern for the parties involved and the actual legal standards governing our society. One of those standards directly disregarded by Justice Moore in the Ex parte H.H. case is the best-interest-of-the-child standard. This case demonstrates the judicial misconduct present in invoking personal religious beliefs and morality as a basis of judgment. It is most interesting that Justice Moore was never disciplined for basing his decisions on his personal religious beliefs, but was actually removed when he refused to comply with a court order to remove the Ten Commandments monument he displayed in the rotunda of the state judicial building.139 In commenting on the controversy around Justice Moore, one author contrasted the invisibility of the judicial use of religious references to the physical appearance of impropriety, making the following point: parent involved in a same-sex relationship prove absence of harm. See, e.g., Thigpen v. Carpenter, 730 S.W.2d 510, 513-14 (Ark. 1987). Other courts use a “nexus test” requiring only proof that a parent’s sexual conduct will have or has had an adverse impact. See, e.g., A.C. v. C.B., 829 P.2d 660, 664 (N.M. Ct. App. 1992). 134 Ex parte H.H., 830 So. 2d at 26. 135 Id. at 32, 34, 37. 136 Id. at 33-37 (quoting biblical passages Genesis 1:27, 2:24; Leviticus 20:13). 137 Id. at 38. 138 See Bowers v. Hardwick, 478 U.S. 186 (1986). Upholding a Georgia sodomy statute, the Court stated that “[p]roscriptions against that conduct have ancient roots,” referring to Judeo-Christian moral standards. Id. at 192. Concurring Justice Burger reiterated that, “Condemnation of those practices is firmly rooted in Judeao-Christian [sic] moral and ethical standards,” id. at 196, validating the state’s invocation of the biblical books of Leviticus and Romans to justify the sodomy statute, id. at 211 (Blackmun, J. dissenting). 139 See Glassroth v. Moore, 278 F. Supp. 2d 1272, 1275 (M.D. Ala. 2003), aff’d 335 F.3d 1282 (11th Cir. 2003), cert. denied 540 U.S. 1000 (2003). 2005] QUOTING THE BIBLE 55 While the plaintiffs, media, and judicial ethicists were earnestly setting their sights on this highly conspicuous jurist, they were devoting little if any attention to the question of the proper relationship between religion and the decisions judges actually render, including religiously devout judges like Chief Justice Moore. To be sure, the Chief Justice’s fundamental mistake, at least from a job retention perspective, appears not to have been his firm and guiding belief that God’s law ought to inform human law, or even his clear expression of that belief in judicial opinions, which is to say that he was not and would not obviously have been removed from office for actually implementing and manifesting his religious beliefs in his judicial capacity. His apparent mistake, instead, was to manifest them by erecting a granite monument in his administrative, and in many respects less important or less influential, role.140 Often courts use biblical references to explain the historical background of a legal concept. For example, tracing the origin of an in rem forfeiture proceeding by the government against the property involved in or acquired by crime, the Supreme Court cited Exodus 21:28: “[i]f an ox gore a man or a woman, and they die, he shall be stoned and his flesh shall not be eaten.”141 After locating the original source of this legal concept in the Bible, the Court traced the development of the forfeiture further to the common law concept of “deodand,” citing to Blackstone’s Commentaries on the Laws of England and Holmes’s The Common Law.142 While it is a fact that Blackstone cited Exodus in his Commentaries,143 Holmes and other authors did not go that far.144 Other federal and state courts have also used the biblical passage Exodus 21:28 to explain not only the origin of the law of forfeiture, but also other tort actions, despite the availability of other sources of legal history upon which American law is actually founded.145 140 Idleman, Concealment, supra note 2, at 517-18. 141 Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 681 n.17 (1974). See also United States v. Bajakajian, 524 U.S. 321, 330 n.5 (1998). 142 Calero-Toledo, 416 U.S. at 681 (citing to “O. Holmes, the Common Law, c. 1 (1881)” and “1. W. Blackstone, Commentaries *300”). See also Bajakajian, 524 U.S. at 330 (citing to “1 W. Blackstone, Commentaries on the Laws of England 290-292 (1765); O. Holmes, The Common Law 10-13, 23-27 (M. Howe ed. 1963)”). 143 WILLIAM BLACKSTONE, 1 COMMENTARIES *291. 144 See OLIVER WENDELL HOLMES, JR., THE COMMON LAW 1-38 (45th printing 1923, 1909, 1881); FREDERICK POLLOCK & FREDERIC WILLIAM MAITLAND, THE HISTORY OF ENGLISH LAW, 473-74 (2d ed. 1923). 145 Federal courts citing or quoting Exodus 21:28: United States v. All Funds in Account Nos. 747.034/278, 295 F.3d 23, 25 (D.C. Cir. 2002); United States v. Gilbert, 244 F.3d 888, 918 (11th Cir. 2001); United States v. One Parcel Prop., 74 F.3d 1165, 1168 (11th Cir. 1996); United States v. 785 St. Nicholas Ave., 983 F.2d 396, 401 (2d 56 NEW YORK CITY LAW REVIEW [Vol. 9:31 The controversial Justice Moore of Alabama provides another example of biblical invocation in support of a historical analysis of a particular concept. Dissenting in Yates v. El Bethel Primitive Baptist Church, he engaged in a historical discussion of the concept of separation between the church and state, quoting from numerous biblical passages.146 Other judges also turn to the Bible in order to solidify the idea that a particular law is rooted in history. In a case involving a defamation suit, the West Virginia Supreme Court used Exodus 20:16, Deuteronomy 19:16-21, and Ecclesiastes 7:1 as historical evidence that slander was prohibited since the beginning of time.147 After quoting the Bible as its first source, the court proceeded by listing numerous legal sources on defamation, libel, and slander. The historical concept of subjecting “illegitimate” children to legal discrimination is also explained using Deuteronomy 23:2: “Throughout history, illegitimate children were precluded from, among other legal rights, entering certain professions. The Book of Deuteronomy states: a bastard shall not enter into the congregation of the Lord; even to this tenth generation shall he not enter into the congregation of the Lord. Deut. 23:2.”148 Supreme Court justices join lower court judges in quoting the Bible when they resort to providing a historical review of certain Cir. 1993); United States v. Seifuddin, 820 F.2d 1074, 1076 (9th Cir. 1987); United States v. Sandini, 816 F.2d 869, 872 (3d Cir. 1987); United States v. $39,000 in Canadian Currency, 801 F.2d 1210, 1218 n.4 (10th Cir. 1986); United States v. One 1976 Mercedes Benz 280S, 618 F.2d 453, 454 (7th Cir. 1980); United States v. Funds from Prudential Sec., 362 F. Supp. 2d 75, 79 (D.C. Cir. 2005); United States. v. Croce, 334 F. Supp. 2d 781, 786 n.13 (E.D. Pa. 2004); United States v. Funds From Prudential Sec., 300 F. Supp. 2d 99, 100 n.1 (D.C. Cir. 2004); United States v. 38 Whalers Cove Drive, 747 F. Supp. 173, 177 (E.D.N.Y. 1990); United States v. Haro, 685 F. Supp. 1468, 1473 (E.D. Wis. 1988). State courts citing or quoting Exodus 21:28: Allen v. State, 605 A.2d 994, 998 n.3 (Md. Ct. Spec. App. 1992); Prop. Clerk of N.Y. City Police Dep’t v. Molomo, 583 N.Y.S.2d 251, 253 (App. Div. 1992); Duren v. Kunkel, 814 S.W.2d 935, 937 n.3 (Mo. 1991); Commonwealth v. One 1988 Ford Coupe, 574 A.2d 631, 636 (Pa. Super. Ct. 1990); Holtzman v. Samuel, 495 N.Y.S.2d 583, 585 n.1 (Sup. Ct. 1985); Dist. Attorney of Queens County v. McAuliffe, 493 N.Y.S.2d 406, 411 (Sup. Ct. 1985); Dir. of Fin. v. Cole, 465 A.2d 450, 456 n.2 (Md. 1983); New Jersey v. One 1977 Dodge Van, 397 A.2d 733, 734 n.1 (Middlesex County Ct. 1979); Prince George’s County. v. Blue Bird Cab Co., 284 A.2d 203, 205 (Md. 1971); Magrine v. Spector, 241 A.2d 637, 639 n.2 (N.J. Super. Ct. App. Div. 1968); Robidoux v. Busch, 400 S.W.2d 631, 639 (Mo. Ct. App. 1966); Johnson v. Olson, 67 P.2d 422, 425 (Kan. 1937). 146 847 So. 2d 331, 350-53 (Ala. 2002) (quoting the following chapters from King James: 2 Chronicles 26:16-21, 2 Chronicles 26:18, 1 Samuel 13:13-14, Ezra 7:21-24, Matthew 22:21, Matthew 18:15-20, Matthew 16:19, 1 Corinthians 6). 147 Crump v. Beckley Newspapers, Inc., 320 S.E.2d 70, 76 (W. Va. 1984). 148 Miscovich v. Miscovich, 688 A.2d 726, 728 n.2 (Pa. Super. Ct. 1997). See also Kohler v. Bleem, 654 A.2d 569, 572 n.1 (Pa. Super. Ct. 1995). 2005] QUOTING THE BIBLE 57 legal principles. While such biblical references are usually placed in footnotes, occasionally they are prominently displayed in the main body of the opinion. For example, in Payne v. Tennessee, holding that the Eighth Amendment does not prohibit the admission of victim impact evidence in jury sentencing,149 Chief Justice Rehnquist quoted Exodus 21:22-23, proscribing “[a]n eye for an eye, a tooth for a tooth” to demonstrate how the guiding principles in criminal sentencing varied over time.150 In his review of the historical principles guiding criminal sentencing, Justice Rehnquist started with the Bible before he moved on to the English law and legislative enactments.151 Sometimes, a court quotes the Bible as support for a proposition using a “cf.” as a citation signal. “Cf.” is an abbreviation for the Latin word “confer,” which means “compare.”152 Black’s Law Dictionary states, “As a citation signal, cf. directs the reader’s attention to another authority or section of the work in which contrasting, analogous, or explanatory statements may be found.”153 Such support was used in the United States v. Ryan case by a dissenting judge to interpret the statutory meaning of “the building used . . . in . . . any activity affecting interstate . . . commerce.”154 The dissenting judge argued that the statutory requirement of “activity” was missing in respect to the building in question.155 The dissent cited the Bible, stating, “The building here was just cumbering the ground. Cf. Luke 13:7 (King James). It was not being ‘used’ in any ‘activity.’” 156 The biblical passage cited states: “So he said to the man who took care of the vineyard, ‘For three years now I’ve been coming to look for fruit on this fig tree and haven’t found any. Cut it down! Why should it use up the soil?’”157 The judge used this citation assuming the reader’s familiarity with a biblical passage of this length and on this particular topic, which was listed under the chapter “Repent or Perish” in Luke. This assumption seems to be a long stretch if the extralegal authority was used as an analogy to show that there was no use for the building in question. Another example of the use of a biblical citation with a cf. citation signal is in the Conklin v. Anne Arundel County Bd. of Educ. 149 501 U.S. 808, 827 (1991). 150 Id. at 819. 151 Id. 152 BLACK’S LAW DICTIONARY 243 (8th ed. 2004). 153 Id. 154 41 F.3d 361, 369 (8th Cir. 1994) (Arnold, C.J., dissenting). 155 Id. 156 Id. 157 Luke 13:7 (New International). 58 NEW YORK CITY LAW REVIEW [Vol. 9:31 case.158 Parents of a dyslexic child challenged the county’s program as not being in compliance with the Education of the Handicapped Act.159 In a footnote, discussing the fact that the board took advantage of the child’s temporary progress (which was actually due to private tutoring) to show its compliance with the statute, the court quoted this passage from the Bible when it said: “Annual grade promotion may, as a result, be a reasonable barometer for measuring the progress that this handicapped child can achieve in the coming years. . . . Cf. Matthew 26:52 (King James) (‘[A]ll they that take the sword shall perish with the sword.’).”160 The court took the board’s argument and created a standard to which the board should adhere in the future, consisting of annual grade promotion and additional tutoring provided by the board.161 The court assumed that the reader was familiar with the biblical passage it partially quoted. The passage is part of the chapter on Jesus’s arrest and its idea only becomes clear if one knows its entire context: Then the men stepped forward, seized Jesus and arrested him. With that, one of Jesus’ companions reached for his sword, drew it out and struck the servant of the high priest, cutting off his ear. “Put your sword back in its place,” Jesus said to him, “for all who draw the sword will die by the sword.”162 The fact that judges resort to citing the Bible in support of their arguments shows the privilege that Christianity enjoys in our society. The invisibility of that privilege is enhanced by the judges’ assumptions of their audience’s familiarity with the Bible and by their disregard of the need for a full explanation of a cited source and its relation to the proposition at hand. Courts also use the Bible to explain the origins of a word. For example, in Bok v. McCaughn, the court explained that “[c]harity, derived from the Latin caritas, originally meant love. In the thirteenth chapter of first Corinthians the revised version uses the word ‘love’ in defining the third of the three cardinal virtues, which, in King James’ version read ‘Faith, Hope and Charity.’”163 The term “sodomy” also finds its origin in the Bible, as the court noted in Stone v. Wainwright, citing Genesis 13:13 and 18:20 and quoting Leviticus 18:22: “Thou shalt not lie with mankind, as with womankind: 158 946 F.2d 306 (4th Cir. 1991). 159 Id. at 309. 160 Id. at 315 n.6. 161 Id. 162 Matthew 26:50-52 (New International). 163 42 F.2d 616, 618-19 (3d Cir. 1930). 2005] QUOTING THE BIBLE 59 it is abomination.”164 Similarly, Justice Breyer quoted the Bible to explain the origin of the word “carries” in a drug trafficking case where the statute included the phrase “carries a firearm.”165 Arguing that the word includes “conveyance in a vehicle,” he said, “[t]he greatest of writers have used the word with this meaning. See, e.g., The King James Bible, 2 Kings 9:28 (‘[H]is servants carried him in a chariot to Jerusalem’); id., Isaiah 30:6 (‘[T]hey will carry their riches upon the shoulders of young asses’).”166 The Bible has also been called upon to determine the meaning of seemingly simple words such as “daytime.” In a criminal prosecution, a defendant moved to quash a search warrant because it was not served during daytime as required by law.167 He claimed that the warrant was served at 7:15 p.m. and that the sun set at 6:53 p.m. on that day.168 Before citing Shakespeare, Webster’s Dictionary, and finally federal and state courts, the court resorted to the Bible as its first source of interpretation: “In the Bible, Genesis 1:5, we find ‘And God called the light day and the darkness he called night.’”169 The court dismissed the motion to quash the warrant, concluding that it had no merit because of the general rule that daytime is determined by the presence of light.170 While today’s courts are comfortable using biblical passage as a rule, the courts in the past refrained from actually quoting the Bible. For example, in a famous 1872 case, the Supreme Court held constitutional Illinois’s refusal to admit a woman to practice law, stating, “[t]he paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator.”171 The Court did not specify what exact legal source it was referring to when it invoked “the law of the Creator.” 172 Modern courts, however, are more explicit in the invoca- 164 478 F.2d 390, 393 n. 14 (5th Cir. 1973). The text of the cited passages state, “Now the men of Sodom were wicked and were sinning greatly against the LORD,” Genesis 13:13 (New International), and “Then the LORD said, ‘The outcry against Sodom and Gomorrah is so great and their sin so grievous,’” Genesis 18:20 (New International). 165 Muscarello v. United States, 524 U.S. 125, 128-29 (1998). 166 Id. 167 United States v. Liebrich, 55 F.2d 341, 342 (M.D. Pa. 1932). 168 Id. 169 Id. 170 Id. at 343 (stating “it is reasonable to hold that it is daytime for at least thirty minutes after the time when the sun sets, and it is nighttime from then until thirty minutes before the time when the sun rises”). 171 Bradwell v. State, 83 U.S. 130, 141 (1872). 172 Id. 60 NEW YORK CITY LAW REVIEW [Vol. 9:31 tion of biblical passages when formulating rules upon which they decide cases. The Second Circuit, in a suit for a securities violation, discussed the doctrine of “offensive collateral estoppel (more recently called offensive issue preclusion),” pointing to judicial efficiency as a primary “virtue” of the doctrine.173 It then indicated its disadvantage: Its virtues do not come without a price, however. Just as occasionally ‘the race is not to the swift, nor the battle to the strong . . . but time and chance happeneth to them all,’ Ecclesiastes 9:11 (King James ed.), so too the results of an earlier resolution of an issue may simply be wrong.174 Some courts, when formulating standards, go directly to the Bible for support. In a dual adultery divorce suit, the husband filed a counterclaim alleging that the wife’s lesbian relationship constituted adultery.175 The court started its inquiry this way: To better understand the underlying issue it is helpful to briefly review both the legal and social standards and to distinguish between adultery as a crime as opposed to a private civil wrong. The [S]eventh [C]ommandment states that “Thou shall not commit adultery” Exodus 20:14. A biblical definition of “Adultery” is “the lying with a woman married to a husband.” See Deuteronomy 22:22 and Leviticus, 20:10. . . . If a married man be “lying with a woman not betrothed” the biblical crime was fornication and punishment by a fine of 50 shekels of silver. Deuteronomy 22:29 (The commentators generally opine that even the thought of adultery was an offense under the biblical code, an issue which we need not deal with today.)176 After the court quoted the above biblical passages, it proceeded with common law and New Jersey statutory treatment of adultery. Despite announcing that it would review “legal and social standards,” the court started with religious moral authorities on the issue, assuming that religious morality is a synonym for a social standard. These are just some of the various ways in which courts use biblical references in written opinions. The next part of this Article will demonstrate the many different forms in which a particular biblical passage enters judicial opinions. 173 Sec. Exch. Comm’n v. Monarch Funding Corp., 192 F.3d 295, 303 (2d Cir. 1999). 174 Id. at 303-04. See also Liberty Mut. Ins. Co. v. Fag Bearings Corp., 335 F.3d 752, 763 (8th Cir. 2003) (quoting the same biblical passage from Monarch Funding, 192 F.3d at 303-04). 175 S.B. v. S.J.B., 609 A.2d 124, 124 (N.J. Super. Ct. Ch. 1992). 176 Id. at 125. 2005] QUOTING THE BIBLE 61 IV. REFERENCING “NO MAN CAN SERVE TWO MASTERS”177 While the Supreme Court has never cited either Matthew or Luke, federal and state courts prominently do so when using the phrase “no man can serve two masters” to express the rule against an attorney’s dual representation.178 In Hartford Accident & Indemnity Co. v. Foster, a state court invoked the following sources of authority: “The [b]iblical mandate that ‘No man can serve two masters’ has its modern-day application in cases of this nature. See Canon 6, Canons of Professional Ethics, 31 F.S.A.”179 Canon 6 of Professional Ethics, entitled Adverse Influences and Conflicting Interests, imposes a duty on a lawyer to disclose to a client any potential interest that might adversely affect the client.180 Contrary to biblical mandate, Canon 6 does not prohibit a lawyer from representing two clients, but instead permits such representation by express consent of all parties after full disclosure of the facts.181 The invocation of a biblical mandate in this case is unclear because the court held that the insured who was represented by the insurer’s attorney was not harmed by any breach of fiduciary duty in failing to provide information about settlement offers.182 Thus it follows that not only can a man serve two masters, but even when such servitude constitutes a breach of fiduciary duty, the attorney will only be liable when the plaintiff who is suing suffered harm. Some judges are willing to disregard existing legal standards, instead quoting biblical teaching as a primary source of the authority for their decision. In People v. Williams, a case charging a husband and wife for sex offenses upon their minor adopted child, a court held that there was no conflict of interest that would make joint representation of the defendant and codefendant improper. 183 Dissenting in an extensive opinion, Justice Pincham stated: Civilization’s most sacred, learned, dedicated and staunchest advocate of all times, centuries ago, admonished: “No one can serve two masters; for either he will hate the one and love the other, or he will hold to the one and despise the other.” The advocate was the Christ Jesus; the admonition was to his disci- 177 See infra Appendix. 178 See infra Appendix. 179 528 So. 2d 255, 277 (Miss. 1988) (citing Spadaro v. Palmisano, 109 So. 2d 418 (Fla. App. 1959)). 180 CANONS OF PROF’L ETHICS Canon 6 (2004). 181 Id. 182 Foster, 528 So. 2d at 276. 183 538 N.E.2d 564, 566 (Ill. App. Ct. 1989). 62 NEW YORK CITY LAW REVIEW [Vol. 9:31 ples and the multitude during His Sermon on the Mount; the admonition is cited in the most dynamic, accurate and prestigious of all law books, The Holy Bible, at Matthews the 6th Chapter and the 24th Verse.184 After citing the highest authority to support his argument, the dissenting judge then proceeded to cite Canon 5 (5-1, 5-14, 5-15, 5- 17) of The Model Code of Professional Responsibility of the American Bar Association.185 A significant number of cases state that the biblical mandate “no person can serve two masters” is consistent with the Restatement of the Law on Agency and reflects the current legal framework within which courts operate. Contrary to what many judges state in their opinions, however, the Restatement of the Law of Agency does not prohibit dual servitude. The rules regulating the relation of agency explicitly provide that “[a] person may be the servant of two masters, not joint employers, at one time as to one act, if the service to one does not involve abandonment of the service to the other.”186 The comments for this section further elaborate on this issue, allowing for a servant to be employed by joint masters.187 The most important issue in the servant’s relationship with a master is the master’s consent to service188 and not, as the courts suggest, whether there is one or multiple masters. The same is true for the law governing lawyers. The Restatement of the Law Governing Lawyers clearly establishes that a lawyer may not represent a client if the representation involves a conflict of interest189 unless the client consents to such representation.190 Consent, and not the number of clients or masters, is the key element in a lawyer’s representation of a single or multiple clients in civil and criminal litigation.191 Similarly, the ABA Model of Professional Conduct Rule 1.13 allows an attorney to represent an organization and “its directors, officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7.”192 It is also worth noting that the Federal Rules of Civil Procedure include one of the most important rules allowing for 184 Id. at 569 (Pincham, J., dissenting). 185 Id. at 569-570. 186 RESTATEMENT (SECOND) OF AGENCY § 226 (1958). 187 Id. § 226(b). 188 Id. § 221. 189 RESTATEMENT (THIRD) OF THE LAW GOVERNING LAWYERS § 121 (2001). 190 Id. § 122. 191 See id. §§ 128, 129. 192 MODEL RULES OF PROF’L CONDUCT R. 1.13(g) (2004). 2005] QUOTING THE BIBLE 63 multiple representation: Rule 23 governing class action.193 The Restatement of the Law of Agency and the Law Governing Lawyers, together with the ABA Rules of Conduct, represent legal authorities upon which judges should rely. Any extralegal authorities, especially those that conflict with legal standards established by the accepted authoritative legal sources of statutory or common law, are constitutionally suspect and their invocation in judicial opinions is unsound. V. USING OTHER RELIGIOUS REFERENCES While citations to the King James version of the Bible are numerous, courts rarely use other religious authorities. A search for the word “Talmud,” a collection of Jewish civil and canonical laws,194 returns only three results in the Supreme Court cases database in Westlaw: County of Allegheny v. ACLU,195 School District of Abington Township, Pennsylvania. v. Schempp,196 and Permoli v. Municipality No. 1 of New Orleans.197 The word “Torah,” the first five books of the Old Testament, appears only five times in Supreme Court opinions: Board of Education of Kiryas Joel Village School District v. Grumet,198 Lee v. Weisman,199 County of Allegheny v. ACLU,200 Hernandez v. Commissioner of Internal Revenue,201 and Miranda v. Arizona. 202 The word “Halakhah,” a Jewish law book consisting of the 193 FED. R. CIV. P. 23(g). 194 BLACK’S LAW DICTIONARY 1494 (8th ed. 2004). 195 492 U.S. at 583-84 (using the Talmud in describing certain Jewish practices). 196 374 U.S. 203, 273 (1963). “There was ample precedent, too, for Theodore Roosevelt’s declaration that in the interest of ‘absolutely nonsectarian public schools’ it was ‘not our business to have the Protestant Bible or the Catholic Vulgate or the Talmud read in those schools.’” Id. (citation omitted). 197 44 U.S. 589, 604-05 (1845). “In the case of The Commonwealth v. Abram Wolf, 3 Serg. & Rawle, 48, Chief Justice Tilghman affirmed the validity of an ordinance of Philadelphia, imposing a fine for working on a Sunday, against a Jew; though under the teachings of the Jewish Talmud and the Rabbinical Constitutions, the Jew deemed Saturday as the Jewish Sabbath, and felt it both as a privilege and a duty to labour for six days, and to rest on the seventh, or Saturday.” Id. 198 512 U.S. 687, 691 (1994) (part of the facts). 199 505 U.S. 577, 639 (1992) (Scalia, J., dissenting). 200 492 U.S. at 584 n.24. “A Torah scroll—which contains the five Books of Moses—must be buried in a special manner when it is no longer usable. App. 237- 238.” Id. 201 490 U.S. 680, 701 (1989). “We also assume for purposes of argument that the IRS also allows taxpayers to deduct ‘specified payments for attendance at High Holy Day services, for tithes, for torah readings and for memorial plaques.’” Id. (quoting Foley v. Comm’r of Internal Revenue, 844 F.2d 94, 96 (1988)). 202 384 U.S. 436, 458 n.27 (1966). “Thirteenth century commentators found an analogue to the privilege grounded in the Bible. ‘To sum up the matter, the principle that no man is to be declared guilty on his own admission is a divine decree.’ 64 NEW YORK CITY LAW REVIEW [Vol. 9:31 Torah and the law instituted by the rabbi, appears in only one opinion: Garrity v. New Jersey.203 The Supreme Court used the words “Koran,” “Kuran,” “Qur’an,” or “Qor’an,” a Muslim book of revelations, in Zelman v. Simmons-Harris,204 O’Lone v. Estate of Shabazz,205 Clay v. United States,206 and Lemon v. Kurtzman.207 The Book of Mormon, a Mormon scripture, is cited in two decisions: Zelman v. Simmons-Harris208 and Hernandez v. Commissioner of Internal Revenue.209 Statistical evidence demonstrates that the appearance of references from Jewish or Muslim religious authorities is rare. Federal and U.S. Supreme Court case law mentions “Talmud” in 63 cases, “Torah” in 155 and “Halakhah” in 4 cases.210 The same search in the state case law database produces “Talmud” in 151 cases, “Torah” in 306 cases, and “Halakhah” in 2 cases, a pale comparison with the words “King James,” which produce 599 cases in state case law, and the word “Bible,” which is not possible to search due to an extremely high number of cases in which it appears.211 The various versions of the word “Koran” produce 499 cases in federal law and 349 cases in state law, but in most of those cases the word actually appears as a personal name.212 One needs go no farther than statistical data to conclude that the Bible is by far the most bellowed religious authority that judges use in their decision-making process and their written opinions. The apparent disparity in the use of different religious sources re- Maimonides, Mishneh Torah (Code of Jewish Law), Book of Judges, Laws of the Sanhedrin, c. 18, ¶ 6, III Yale Judaica Series 52-53.” Id. 203 385 U.S. 493, 497 n.5 (1967) (comparing Jewish law with the Fifth Amendment). 204 536 U.S. 639, 713 n.24 (2002) (quoting the New Testament, the Book of Mormon, the Pentateuch, and the Koran). 205 482 U.S. 342, 345 (1987). “Jumu’ah is commanded by the Koran and must be held every Friday after the sun reaches its zenith and before the Asr, or afternoon prayer. See Koran 62:9-10; Brief for Imam Jamil Abdullah Al-Amin et al. as Amici Curiae 18-31.” Id. 206 403 U.S. 698, 708 n.2, 709 (1971) (quoting the Koran 61:10-13 to define “jihad as an injunction to the believers to war against non-believers”). 207 403 U.S. 602, 630-31 (1971) (Douglas, J., concurring). “The advantages of sectarian education relate solely to religious or doctrinal matters. They give the church the opportunity to indoctrinate its creed delicately and indirectly, or massively through doctrinal courses. Many nations follow that course: Moslem nations teach the Koran in their schools . . . .” Id. 208 Zelman, 536 U.S at 713 n.24. 209 490 U.S. at 709. 210 Westlaw search performed on February 10, 2006. 211 Westlaw search performed on February 10, 2006. 212 Westlaw search performed on February 10, 2006. 2005] QUOTING THE BIBLE 65 affirms the privileged status that Christianity enjoys in the United States. It is a constant reminder of the composition of the judiciary and the lack of diversity that contributes to the ongoing proliferation of the use of biblical references by the courts. CONCLUSION Language analysts recognize that the Bible had a substantial impact on standard English language.213 Many biblical passages, having been read at home and in church for generations, entered the popular linguistic milieu of the majority of Americans. However, not all of them became independent lexical units: A usage has to have achieved some degree of linguistic autonomy; it must be capable of being meaningful outside of its original biblical context, usable by English speakers who do not read (or even know) the Bible as well as those who do. (The same point applies to expressions derived from Shakespeare or any other author.) . . . A usage that does not meet this criterion is really only a quotation.214 One of the standard English expressions derived from the King James version of St. Matthew’s Gospel is, “No man can serve two masters.”215 However, courts continue to quote the Bible when referring to this expression. The variety of ways in which courts use biblical passages from Matthew and Luke is impressive.216 If the biblical passage that “no man can serve two masters” is part of folk wisdom, there would seem to be no need to quote the Bible. If, on the other hand, it is important to cite the ultimate source of this proverb, referencing the Bible seems logical. While this biblical quotation and citation to Matthew or Luke by courts may be trivial, the continuous use of the Bible by judges to support their arguments in written opinions is unjustified and should be barred. The Bible contains many passages as simple as the one above, but the scope of their impact on decision-making is impermissibly broad, including such decisions as life or death in capital cases. The arbitrariness of judicial choice to use some biblical passages as traditional folk expressions and to quote others as authoritative sources 213 CRYSTAL, supra note 71, at 274. See also Ashburn, supra note 2, at 343-47 (citing examples of courts using aphorisms from Jewish law). 214 CRYSTAL, supra note 71, at 276. “The King James Bible . . . has contributed far more to English in the way of idiomatic or quasi-proverbial expressions than any other literary source. . . . Matthew’s Gospel alone, for example, yields over forty locutions which, directly or indirectly, are part of Modern English.” Id. 215 Id. at 277. 216 See infra Appendix. 66 NEW YORK CITY LAW REVIEW [Vol. 9:31 is analogous to the arbitrariness in which some biblical passages entered the everyday speech.217 Additionally, the use of the same biblical passage as a folk expression by some courts and as a biblical quote by the others creates a sense of arbitrariness and subjectivity, bringing into question judicial impartiality. The use of religious references in judicial decision-making is not rare and cannot be underestimated. The numerous ways in which the Bible finds its way into judicial opinions are a direct result of judges’ willingness to disregard the rules of judicial conduct and apparent constitutional violations stemming from such misuse. Since there is no bright line between a common expression such as “eye for eye, tooth for tooth”218 and the biblical mandate “[i]f anyone takes the life of a human being, he must be put to death,”219 courts should never use either text, especially not during a sentencing phase. Courts should be prohibited from using religious references in judicial decision-making because any reliance on extralegal sources of authority is contrary to the basic principles of the American justice system. Using religious references in judicial opinions is an impermissible exercise of a privilege that coerces the minority to accept the norms of the majority. Whether disguised as morals, proverbs, principles, tradition, or history, religious references undermine judicial integrity and impartiality. Long ago, Justice Holmes expressed one of the most creative ideas in respect to delineating morality and law. Although his idea may sound radical today to moderate and conservative proponents of the use of religion in decision-making, it is one that should resonate with any person who is genuinely concerned with the American justice system: For my own part, I often doubt whether it would not be a gain if every word of moral significance could be banished from the law altogether, and other words adopted which should convey legal ideas uncolored by anything outside the law.220 217 See CRYSTAL, supra note 71, at 278. What is really intriguing, of course, is why some expressions entered English in this way, and others did not. Why did such similes as wise as serpents or harmless as doves ([Matthew] 10:16) not become everyday phrases? As always, when we consider lexical innovation, the bigger puzzle is to explain why so many apparently vivid or useful items did not appeal. Id. See also BARTH D. EHRMAN, MISQUOTING JESUS: THE STORY BEHIND WHO CHANGED THE BIBLE AND WHY (2005) (discussing intentional and accidental alterations of the Bible made by translators throughout history). 218 Leviticus 24:20 (New International). 219 Leviticus 24:17 (New International). 220 Holmes, The Path of the Law, supra note 128, at 464. 2005] QUOTING THE BIBLE 67 APPENDIX CASES USING “NO MAN CAN SERVE TWO MASTERS”221 “No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money.” Matthew 6:24 (New International). “No servant can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money.” Luke 16:13 (New International). Terms Used by Courts to Refer to “No Man Can Serve Two Masters” Admonition Familiar scriptural quotation Ancient admonition Fundamental law Ancient axiom Fundamental rule Ancient injunction Fundamental truth Ancient maxim Fundamental proposition Ancient principle General rule Ancient truth General principle Authority of Holy Writ Good Authority Authoritative declaration Gospel Axiom Hallowed petition Biblical admonition High authority Biblical advice Highest Authority has said Biblical expression Infallible declaration Biblical doctrine Biblical mandate Infallible truth Biblical quote Injunction Biblical teaching Jesus said Christ said Law for two thousand years Christian morality Legal maxim Centuries-old scriptural passage Maxim Common experience Moral maxim Declaration Moral rule Divine declaration Old adage Divine injunction Old as Holy Writ Divine precept Old principle Doctrine of the Holy Writ Old proverb Divine saying Philosophy Eternal truth Philosophy of the Galilean Expression Phrase from the Bible Fact Principle 221 Westlaw search performed on February 10, 2006 using a sesarch phrase “can serve two masters.” 68 NEW YORK CITY LAW REVIEW [Vol. 9:31 Proposition of the Highest and best Scriptural references authority Scriptural teaching Proverb Statement Public policy rule Theory Quoted from the Bible Truth Rule Truth of the biblical admonition Rule of the moral law Truth of the Scriptural injunction Rule of law Unanimous verdict of mankind Saying Universal moral rule Scriptural maxim Utterance of the divine Nazarene Scriptural pronouncement Very high authority has said Scriptural quotation Wisdom of the ages SUPREME COURT CASES NLRB v. Health Care & Ret. Corp. of Am., 511 U.S. 571, 595 n.14 (1994) (Ginsburg, J., dissenting) (“No man can serve two masters. If you are negotiating a contract, a lawyer does not represent both clients. That is all that is involved here.”) Sec. & Exch. Comm’n v. Capital Gains Research Bureau, Inc., 375 U.S. 180, 197 n.50 (1963) (Justice Goldberg quoting from United States v. Miss. Valley Generating Co., 364 U.S. 520, 550 n.14 (1961)) United States v. Miss. Valley Generating Co., 364 U.S. 520, 550 n.14 (1961) (Warren, J.) (“The reason of the rule inhibiting a party who occupies confidential and fiduciary relations toward another from assuming antagonistic positions to his principal in matters involving the subject matter of the trust is sometimes said to rest in a sound public policy, but it also is justified in a recognition of the authoritative declaration that no man can serve two masters; and considering that human nature must be dealt with, the rule does not stop with actual violations of such trust relations, but includes within its purpose the removal of any temptation to violate them.” (quoting Mich. Steel Box Co. v. United States, 49 Ct. Cl. 421, 439 (1914))) Supreme Lodge Knights of Pythias v. Withers, 177 U.S. 260, 269 (1900) (Brown, J.) (“But if the insured is to be now bound as having thus contracted, there must be mutuality in the contract. No man can serve two masters.”) 2005] QUOTING THE BIBLE 69 CITING TO MATTHEW Federal Court Cases Freund v. Butterworth, 117 F.3d 1543, 1572 n.67 (11th Cir. 1997) United States v. Mett, 65 F.3d 1531, 1538 (9th Cir. 1995) Sanjour v. EPA, 56 F.3d 85, 100-01 (D.C. Cir. 1995) Chapman v. Klemick, 3 F.3d 1508, 1512 (11th Cir. 1993) Sanjour v. EPA, 984 F.2d 434, 447 (D.C. Cir. 1993) United States v. $124,570 U.S. Currency, 873 F.2d 1240, 1247 (9th Cir. 1989) United States v. Gambino, 864 F.2d 1064, 1074-1075 n.1 (3d Cir. 1988) U.S. Fid. & Guar. Co. v. Louis A. Roser Co., 585 F.2d 932, 938 n.5 (8th Cir. 1978) Cinema 5, Ltd. v. Cinerama, Inc., 528 F.2d 1384, 1386 (2d Cir. 1976) Phelan v. Middle States Oil Corp., 220 F.2d 593, 619 (2d Cir. 1955) Armstrong Cleaners, Inc. v. Erie Ins. Exch., 364 F.Supp. 2d 797, 815 (S.D. Ind. 2005) Rocchigiani v. World Boxing Counsel, 82 F.Supp. 2d 182, 189 (S.D.N.Y. 2000) Union Ins. Co. v. Knife Co., 902 F. Supp. 877, 881 (W.D. Ark. 1995) ESM Gov’t. Sec., Inc. v. ESM Group, Inc. 66 B.R. 82, 84 (S.D. Fla. 1986) United States v. Bergmann, 47 F. Supp. 765, 767 (S.D. Cal. 1942) In re BH & P, Inc., 103 B.R. 556, 560 (Bankr. D.N.J. 1989) In re Tampa Chain Co., 35 B.R. 568, 579 n.10 (Bankr. S.D.N.Y. 1983) United States v. Short, 50 M.J. 370, 374 (C.A.A.F. 1999) (phrase from the Bible) 70 NEW YORK CITY LAW REVIEW [Vol. 9:31 United States v. Nabisco, Inc., 117 F.R.D. 40, 44-45 (E.D.N.Y. 1987) Kamean v. Local 363, 109 F.R.D. 391, 396 (S.D.N.Y. 1986) United States v. Agosto, 528 F. Supp. 1300, 1310 (D. Minn. 1981) United States v. Garafola, 428 F. Supp. 620, 621 (D.N.J. 1977) (Biblical teaching) Vance Trucking Co. v. Canal Ins. Co., 249 F. Supp. 33, 38 n.2 (D.S.C. 1966) United States v. Kawakita, 96 F. Supp. 824, 836 (S.D. Cal. 1950) State Court Cases Office of Consumer Counsel v. Conn. Dep’t of Pub. Util. Control, No. CV020513718S, 2002 WL 31319517, at *3 (Conn. Super. Ct. Sept. 24, 2002) Wis. Patients Comp. Fund v. Physicians Ins. Co. of Wis., 620 N.W.2d 457, 461-62 (Wis. Ct. App. 2000) Aluminum Co. of Am. v. Aetna Cas. & Sur. Co., 998 P.2d 856, 877 (Wash. 2000) State Farm Mut. Auto. Ins. Co. v. Traver, 980 S.W.2d 625, 634 (Tex. 1998) In re Estate of Koch, 849 P.2d 977, 993 (Kan. Ct. App. 1993) Geauga County Bar Ass’n. v. Psenicka, 577 N.E.2d 1074, 1074 (Ohio 1991) Friends of La Vina v. County of L.A., 284 Cal. Rptr. 171, 178 n.1 (Ct. App. 1991) (Gates, Acting P.J., dissenting) Ex parte Weaver, 570 So.2d 675, 682 (Ala. 1990) J.K. & Susie L. Wadley Research Inst. & Blood Bank v. Morris, 776 S.W.2d 271, 284 (Tex. Ct. App. 1989) People v. Williams, 538 N.E.2d 564, 569 (Ill. App. Ct. 1989) (admonition) Collins v. Citizens & S. Trust Co., 373 S.E.2d 612, 617 (Ga. 1988) 2005] QUOTING THE BIBLE 71 Swartz v. State, 429 N.W.2d 130, 132 (Iowa 1988) SHV Coal, Inc. v. Cont’l Grain Co., 545 A.2d 917, 921 (Pa. Super. Ct. 1988) Brickner v. Normandy Osteopathic Hosp., Inc., 746 S.W.2d 108, 113 (Mo. Ct. App. 1988) Jim Royer Realty, Inc. v. Moreira, 363 S.E.2d 10, 12 (Ga. Ct. App. 1988) Pearl River Valley Water Supply Dist. v. Hinds County, 445 So.2d 1330, 1356 n.25 (Miss.1984) In re Conduct of Samuels and Weiner, 674 P.2d 1166, 1171 (Or. 1983) Webb v. State, 433 So.2d 496, 499 (Fla. 1983) Ellis v. Flink, 374 So.2d 4, 5 n.4 (Fla. 1979) Conn. Comm’n on Special Revenue v. Conn. Freedom of Info. Comm’n, 387 A.2d 533, 537 (Conn. 1978) Harford County v. Tatar, Lininger, Clark & Wood, Inc., 363 A.2d 501, 505 (Md. 1976) In re Runals’ Estate, 328 N.Y.S.2d 966, 978 (Sur. Ct. 1972) Onorato v. Wissahickon Park, Inc., 244 A.2d 22, 25 (Pa. 1968) Spratlin, Harrington & Thomas, Inc. v. Hawn, 156 S.E.2d 402, 407 (Ga. Ct. App. 1967) (Biblical expression) State v. 62.96247 Acres of Land, More or Less, in New Castle, 193 A.2d 799, 806 n.7 (Del. Super. Ct. 1963) State v. Brewer, 129 S.E.2d 262, 277 (N.C. 1963) Martin v. Hieken, 340 S.W.2d 161,165 (Mo. Ct. App. 1960) Hughes v. Robbins, 164 N.E.2d 469, 473 (Ohio Ct. Com. Pl. 1959) (“It has been well written that ‘no servant can serve two masters, for either he will hate the one and love the other, or else he will hold to the one and despise the other.’”) 72 NEW YORK CITY LAW REVIEW [Vol. 9:31 Powers v. Johnson, 306 S.W.2d 616, 624 (Mo. Ct. App. 1957) Fruchtl v. Foley, 84 So.2d 906, 909 (Fla. 1956) (admonition) Lexington Insulation Co. v. Davidson County, 90 S.E.2d 496, 498 (N.C. 1955) City of Miami v. Benson, 63 So.2d 916, 920 (Fla. 1953) Ridgway v. Super. Ct. of Yavapai, 245 P.2d 268, 271 (Ariz. 1952) Safeway Stores v. Retail Clerks Int’l Ass’n, 234 P.2d 678, 682 (Cal. Dist. Ct. App. 1951) State ex rel. Young v. Niblack, 99 N.E.2d 839, 845 (Ind. 1951) Bossler v. Wilson, 65 Pa. D. & C. 164, 171 (Phila. Mun. Ct. 1949) City of Jackson v. McLeod, 24 So.2d 319, 325 (Miss. 1946) (“The public interest requires the undivided loyalty of police officers to the public service and we were told long ago by One whose judgment was infallible that ‘no man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.’”) Barr v. Sun Life Assurance Co. of Can., 200 So. 240, 244 (Fla. 1941) Century Indem. Co. v. Carnes, 138 S.W.2d 555, 560 (Tex. Civ. App. 1940) Moffett Bros. P’ship Estate v. Moffett, 137 S.W.2d 507, 511 (Mo. 1939) Caudle v. Sears, Roebuck & Co., 182 So. 461, 464 (Ala. 1938) Whitlow v. Patterson, 112 S.W.2d 35, 41 (Ark. 1937) (“No man can serve two masters; for either he will hate the one, and love the other; or else he will hold to the one and despise the other.”) Hood ex rel. N.C. Bank & Trust v. N.C. Bank & Trust, 184 S.E. 51, 62 (N.C. 1936) Olson v. Gaddis Inv. Co., 39 P.2d 744, 747 (Utah 1935) City of Leesburg v. Ware, 153 So. 87, 89 (Fla. 1934) 2005] QUOTING THE BIBLE 73 State ex rel. Union Elec. Light & Power Co. v. Pub. Serv. Comm’n, 62 S.W.2d 742, 746 (Mo. 1933) Harris v. United Serv. Co., 32 S.W.2d 618, 619 (Ark. 1930) (general principle) Robson v. Hahn, 277 P. 507, 508 (Cal. Dist. Ct. App. 1929) Schwartzman v. London & Lancashire Fire Ins. Co. of Liverpool, Eng., 2 S.W.2d 593, 602 (Mo. 1927) Castellanos v. Castro, 289 S.W. 104, 105 (Tex. Civ. App. 1926) (“It was said by the Great Teacher that ‘no man can serve two masters . . . .’”) Rezos v. Zahm & Nagel Co., 246 P. 564, 565 (Cal. Dist. Ct. App. 1926) Carolina Bagging Co. v. Byrd, 116 S.E. 90, 92 (N.C. 1923) Hume v. Baggett & Baggett, 221 S.W. 1002, 1003 (Tex. Civ. App. 1920) (“This rule of law not only rests on an understanding of human nature but on the utterance of the Divine Nazarene, when he said: ‘No man can serve two masters; for either he will hate the one and love the other; or else he will hold to the one, and despise the other.’”) Murray v. Lizotte, 77 A. 231, 238 (R.I. 1910) (“No matter how high his motives or how honorable his intention, ‘no man can serve two masters; for either he will hate the one, and love the other; or he will hold to the one, and despise the other.’”) Shamokin Mfg. Co. v. Ohio German Fire Ins. Co., 39 Pa. Super. 553, 556 (Super. Ct. 1908) (“It involves a question whether the same person may be an agent in a private transaction for both parties, without the consent of both, so as to entitle him to compensation from both or either. We have the authority of Holy Writ for saying that ‘no man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.’ All human experience sanctions the undoubted truth and purity of this philosophy, and it is received as a cardinal principle in every system of enlightened jurisprudence.“) U.S. Tel. Co. v. Middlepoint Home Tel. Co., 19 Ohio Dec. 202, 208 (Ct. Com. Pl. 1908) (“It is as true today as when first spoken in the 74 NEW YORK CITY LAW REVIEW [Vol. 9:31 parable, and has become a fundamental rule that ‘No servant can serve two masters; for either he will hate the one and love the other; or else he will hold to the one and despise the other.’”) Gann v. Zettler, 60 S.E. 283, 283 (Ga. Ct. App. 1908) (Powell, J.) (“It is recorded of Him ‘who spake as never man spoke’ that, ‘seeing the multitudes, he went up into a mountain, and when he was set his disciples came unto him; and he opened his mouth and taught them; saying: “No man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.”’ So, also, is our law. Whoso, having undertaken the service of his master, counsels with another and agrees also to serve him in those same things wherewith he has been trusted, cannot claim the reward promised by his master unless he makes it plain that he has not acted privily, but that his master was consenting thereto.” (internal citations omitted)) City of Philadelphia v. Durham, No. 1, 1907 WL 3343, at *13 (Pa. Ct. Com. Pl. Jan. 30, 1907) (“We have the authority of Holy Writ for saying that ‘no man can serve two masters; for either he will hate the one and love the other, or else he will hold to the one and despise the other.’ All human experience sanctions the undoubted truth and purity of this philosophy, and it is received as a cardinal principle in every system of enlightened jurisprudence.”) McDowell v. First Nat’l Bank of Sutton, 102 N.W. 615, 617 (Neb. 1905) Nat’l Tube Co. v. Eastern Tube Co., 13 Ohio Cir. Dec. 468 (Cir. Ct. 1902) Home Bldg. & Loan Ass’n v. Evans, 53 S.W. 1104, 1105 (Tenn. Ct. Ch. App. 1899) Moore v. Grow, 1 Pa. Super. 125, 127 (Super. Ct. 1896) Northrup v. Phillips, 99 Ill. 449, 454 (1881) Dickson v. People ex rel. Brown, 17 Ill. 191, 193 (1855) CITING TO LUKE State Court Cases Nationwide Mut. Fire Ins. Co. v. Bourlon, 617 S.E.2d 40, 60 (N.C. Ct. App. 2005) 2005] QUOTING THE BIBLE 75 Barefield v. DPIC Cos., 600 S.E.2d 256, 281 (W. Va. 2004) Rose ex rel. Rose v. St. Paul Fire & Marine Ins. Co., 599 S.E.2d 673, 688 (W. Va. 2004) People v. Graham, 794 N.E.2d 231, 236 (Ill. 2003) Myer v. Preferred Credit, Inc., 117 Ohio Misc. 2d 8, 24 (Ct. Com. Pl. 2001) State v. Reddick, 534 S.E.2d 473, 477 (Ga. Ct. App. 2000) Brooks v. Zebre, 792 P.2d 196, 200 (Wyo. 1990) Watkins v. Floyd, 492 S.W.2d 865, 870 (Mo. Ct. App. 1973) Wise v. S. Pac. Co., 77 Cal. Rptr. 156, 160 (Ct. App. 1969) Pac. Indem. Co. v. Indus. Accident Comm’n, 81 P.2d 572, 575 (Cal. Ct. App. 1938) Smith v. Harvey-Given Co., 185 S.E. 793, 796 (Ga. 1936) Jordan v. Austin Sec. Co., 51 P.2d 38, 58 (Kan. 1935) State v. Gautier, 147 So. 240, 246 (Fla. 1933) Never Fail Land Co. v. Cole, 149 S.E. 585, 588 (N.C. 1929) Patterson v. De Haven, 263 P. 568, 572 (Cal. Dist. Ct. App. 1928) Chippewa Power Co. v. R.R. Comm’n of Wis., 205 N.W. 900, 902 (Wis. 1925) Reserve Loan Life Ins. Co. v. Phillips, 119 S.E. 315, 317 (Ga. 1923) Pagel v. Creasy, 6 Ohio App. 199, 206 (Ct. App. 1916) McCudden v. Brockmeyer, 26 Ohio Dec. 432, 436 (Ct. Com. Pl. 1915) Carr v. Ubsdell, 71 S.W. 112, 113 (Mo. Ct. App. 1902) Bell v. McConnell, 37 Ohio St. 396, 399 (1881) 76 NEW YORK CITY LAW REVIEW [Vol. 9:31 NO QUOTATION MARKS Federal Court Cases United States v. Freyer, 333 F.3d 110, 112 (2d Cir. 2003) (no lawyer can serve two masters) United States v. Levine, 794 F.2d 1203, 1205 (7th Cir. 1986) Ottawa Tribe v. United States, 166 Ct. Cl. 373, 379 (Ct. Cl. 1964) (gospel) Speeter v. United States, 42 F.2d 937, 940 (8th Cir. 1930) (old principle) Parkerson v. Borst, 264 F. 761, 765 (5th Cir. 1920) (scriptural maxim) United States v. Krafft, 249 F. 919, 928 (3d Cir. 1918) Curved Electrotype Plate Co. of N.Y. v. United States, 50 Ct. Cl. 258, 272 (Ct. Cl. 1915) (authoritative declaration) Crites, Inc., v. Prudential Ins. Co. of Am., 134 F.2d 925, 927 (6th Cir. 1943) (principle) Rankin v. United States, 98 Ct. Cl. 357, 367 (Ct. Cl. 1943) (authoritative declaration) Mich. Steel Box Co. v. United States, 49 Ct. Cl. 421, 439 (Cl. Ct. 1914) (authoritative declaration) Bramhall v. United States, 4 Ct. Cl. 51, 59 (Cl. Ct. 1868) Klein v. Miller, No. Civ.A.SA-02-CA-687FB, 2004 WL 1118725, at *10 (W.D. Tex. Mar. 30, 2004) (biblical advice) Costa v. U.S. Dep’t of Veteran’s Affairs, 845 F. Supp. 64, 69 (D.R.I. 1994) (biblical advice) Overfield v. Pennroad Corp., 42 F. Supp. 586, 608 (E.D. Pa. 1941) In re Int’l Match Corp., 20 F. Supp. 420, 422 (S.D.N.Y. 1937) (truth of the biblical admonition) John Conlon Coal Co. v. Westchester Fire Ins. Co. of N.Y., 16 F. Supp. 93, 95 (M.D. Pa. 1936) (principle) 2005] QUOTING THE BIBLE 77 Marshall v. Lovell, 11 F.2d 632, 639 (D. Minn. 1926) Brookings State Bank v. Federal Reserve Bank of S.F., 281 F. 222, 228 (D. Or. 1922) Brookings State Bank v. Federal Reserve Bank of S.F., 277 F. 430, 432 (D. Or. 1921) Brown v. Pa. Canal Co, 229 F. 444, 452 (E.D. Pa. 1916) In re Va. Hardwood Mfg. Co., 139 F. 209, 218 (W.D. Ark. 1905) Farmers’ Loan & Trust Co. v. Winona & Sw. Ry. Co., 59 F. 957, 961 (C.C.D. Minn. 1893) Putnam v. Commonwealth Ins. Co., 4 F. 753, 760 (C.C.N.D.N.Y. 1880) In re Tinley Plaza Assocs., 142 B.R. 272, 279 (Bankr. N.D. Ill.1992) In re Huddleston, 120 B.R. 399, 401 (Bankr. E.D. Tex.1990) United States v. Hubbard, 43 C.M.R. 322, 325 (C.M.A. 1971) (truth of the Scriptural injunction) Midwest Farmers v. United States, 64 F. Supp. 91, 102 (D. Minn. 1945) State Court Cases People v. Hardin, 840 N.E.2d 1205, 1212 (Ill. 2005) Coronado v. Schoenmann Produce Co., 99 S.W.3d 741, 753-55 (Tex. Ct. App. 2003) State ex rel. S.G., 814 A.2d 612, 616 (N.J. 2003) Barrett v. Union Twp. Comm., 553 A.2d 62, 65 (N.J. Super. Ct. App. Div. 1989) (moral rule) Siegman v. Bd. of Educ., 477 N.E. 2d 241, 243 (Ill. App. Ct. 1985) Copple v. City of Lincoln, 274 N.W.2d 520, 526 (Neb. 1979) Pa. Labor Relations Bd. v. E. Lancaster County Sch. Dist., 1973 WL 16227, at *3 (Pa. Ct. Com. Pl. May 18, 1973) (fundamental truth) 78 NEW YORK CITY LAW REVIEW [Vol. 9:31 City of Montgomery v. Brendle Fire Equip., Inc., 279 So.2d 480, 486 (Ala. 1973) Procidano v. Mautner, 335 N.Y.S.2d 17, 24 (N.Y. Civ. Ct. 1972) St. Paul at Chase Corp. v. Mfrs. Life Ins. Co., 278 A.2d 12, 25 (Md. 1971) Bd. of Educ. v. Wilton, 273 A.2d 44, 50 (N.J. 1971) Caddie v. Warden, Md. Correctional Inst., 238 A.2d 129, 129 (Md. Ct. Spec. App. 1968) (theory) Hasbrouck v. Rymkevitch, 268 N.Y.S.2d 604, 606 (App. Div. 1966) Commonwealth ex rel. Whitling v. Russell, 176 A.2d 641, 643 (Pa. 1962) Van Dyke v. White, 349 P.2d 430, 437 (Wash. 1960) Md. Credit Finance Corp. v. Hagerty, 139 A.2d 230, 233 (Md. 1958) Jedwabny v. Phila. Transp. Co., 135 A.2d 252, 255 (Pa. 1957) (scriptural references) Coble v. Econ. Forms Corp. 304 S.W.2d 47, 51 (Mo. Ct. App. 1957) Aldom v. Borough of Roseland, 127 A.2d 190, 194 (N.J. Super. Ct. App. Div. 1956) (moral rule) Jersey City v. Hague, 115 A.2d 8, 13 (N.J. 1955) Henshie v. McPherson & Citizens State Bank, 280 P.2d 937, 947 (Kan. 1955) In re Ridgely, 106 A.2d 527, 530 (Del. 1954) (injunction) Cornale v. Stewart Stamping Corp., 129 N.Y.S.2d 808, 814 (Sup. Ct. 1954) Shernoff v. Schimel, 112 N.Y.S.2d 333, 347 (Sup. Ct. 1952) Klein v. Twentieth Century-Fox Int’l Corp., 108 N.Y.S.2d 767, 768 (Sup. Ct. 1951) (fact) State ex inf. Taylor v. Cumpton, 240 S.W.2d 877, 884-85 (Mo. 1951) 2005] QUOTING THE BIBLE 79 Petition of Topham, 58 Pa. D. & C. 649, 654 (Ct. Com. Pl. 1947) Nagel v. Todd, 45 A.2d 326, 328 (Md. 1946) City of Lincoln v. First Nat’l Bank of Lincoln, 19 N.W.2d 156, 159 (Neb. 1945) (moral rule) Alabama State Fed’n of Labor v. McAdory, 18 So.2d 810, 829 (Ala. 1944) Phillips v. Phillips, 13 So.2d 922, 923 (Fla. 1943) Almon v. Am. Carloading Corp., 38 N.E.2d 362, 363-64 (Ill. App. Ct. 1941) (rule of law) Cowan v. Hamilton Nat’l Bank, 146 S.W.2d 359, 362 (Tenn. 1941) Jarrett v. French & Co., 3 N.Y.S.2d 227, 228 (App. Div. 1938) (theory) Valley & Siletz R.R. Co. v. Thomas, 48 P.2d 358, 383 (Or. 1935) Beatty v. Employers’ Liab. Assurance Corp., 168 A. 919, 924 (Vt. 1933) Greenfield v. Bausch, 263 N.Y.S. 19, 21 (App. Div. 1933) (fact) Elco Shoe Mfrs. v. Sisk, 183 N.E. 191, 191-92 (N.Y. 1932) Kane v. McClenachan, 159 A. 61, 64 (Pa. Super. Ct. 1932) Pac. Fin. Corp. v. City of Lynwood, 300 P. 50, 53 (Cal. Dist. Ct. App. 1931) (principle) New England Oil Ref. Co. v. Can. Mex. Oil Co., 174 N.E. 330, 337 (Mass. 1931) Terrell v. Town of Tempe, 274 P. 786, 788 (Ariz. 1929) Lucas Realty Co. v. Franks, 6 S.W.2d 273, 274 (Ky. 1928) Eastham v. Stumbo, 279 S.W. 1109, 1110 (Ky. 1926) C.M. Condon & Co. v. Richardson, 232 P. 1070, 1071 (Kan. 1925) De Crette v. Mohler, 127 A. 639, 642 (Md. 1925) 80 NEW YORK CITY LAW REVIEW [Vol. 9:31 Smith v. Ward, 197 N.W. 684, 685 (S.D. 1924) Williams v. Bolling, 121 S.E. 270, 273 (Va. 1923) Grady v. Pink Hill Bank & Trust Co., 113 S.E. 667, 669 (N.C. 1922) In re Moses, 195 N.Y.S. 358, 360 (App. Div. 1922) (old as Holy Writ) Meeks v. Fink, 89 So. 543, 544 (Fla. 1921) Wilson v. S. Pac. Land Co., 46 Cal. App. 738, 745 (Ct. App. 1920) Clarksburg Light & Heat Co. v. Pub. Serv. Comm’n, 100 S.E. 551, 555 (W. Va. 1919) State v. Nichols, 166 N.W. 813, 813 (N.D. 1918) Southampton Twp. v. Johnson, No. 3, 1916 WL 4261, at *1 (Pa. Ct. Com. Pl. Jan. 17, 1916) Schenectady Illuminating Co. v. Bd. of Supervisors, 151 N.Y.S. 830, 831 (Sup. Ct. 1914) Hirsh v. Twyford, 139 P. 313, 316 (Okla. 1913) Norbeck & Nicholson Co. v. State, 142 N.W. 847, 852 (S.D. 1913) (fundamental proposition) City of Minneapolis v. Canterbury, 142 N.W. 812, 814 (Minn. 1913) Hill v. Whiteside, 85 A. 425, 425 (Pa. 1912) Bell v. Riggs, 127 P. 427, 430 (Okla. 1912) (high authority) Langford v. Issenhuth, 134 N.W. 889, 894 (S.D. 1912) (fundamental law) Salene v. Queen City Fire Ins. Co. of Sioux Falls, 116 P. 1114, 1115 (Or. 1911) (principle) Cobe v. Coughlin Hardware Co., 112 P. 115, 117 (Kan. 1910) Mitchell v. Schreiner, 1910 WL 4143, at *1 (Pa. Super. Ct. 1910) (quoted from the Bible) Lightcap v. Nicola, 34 Pa. Super. 189, 202 (Super. Ct. 1907) 2005] QUOTING THE BIBLE 81 Harper v. Fidler, 78 S.W. 1034, 1035 (Mo. Ct. App. 1904) (authoritative declaration) Hier v. Miller, 75 P. 77, 77 (Kan. 1904) Edwards v. Home Ins. Co., 73 S.W. 881, 885 (Mo. Ct. App. 1902) In re Reifschneider, 69 N.Y.S. 1069, 1074 (App. Div. 1901) Murphy v. Indep. Order of Sons & Daughters of Jacob of Am., 27 So. 624, 625 (Miss. 1900) McFarland v. Gordon, 41 A. 507, 508 (Vt. 1898) Delaware, L. & W. R. Co. v. Hardy, 34 A. 986, 987 (N.J. 1896) Shepard v. Hill, 34 P. 159, 160 (Wash. 1893) State v. Hastings, 55 N.W. 774, 789 (Neb. 1893) Huggins Cracker & Candy Co. v. People’s Ins. Co., 41 Mo. App. 530, 541 (1890) (authoritative declaration) Whited v. Germania Fire Ins. Co., 76 N.Y. 415, 420 (1879) Roll v. Riddle, 5 Ohio Dec. Reprint 232, 655 (Super. Ct. 1874) Ex rel. Dawson, 39 Ala. 367, 404 (1864) In re Miller, 30 Pa. 478, 494 (1858) Laight St. Baptist Church v. Noe, 12 How. Pr. 497, 497 (N.Y. Sup. Ct. 1855) Buckles v. Lafferty’s Legatees, 41 Va. (2 Rob.) 292, 302 (1843) Gayden v. Gayden, 1842 WL 2414, at *5 (S.C. Ct. App. Eq. 1842) (eternal truth) State v. Hunt, 20 S.C.L. (2 Hill) 1, 64 (Ct. App. 1834) Gallatian v. Cunningham, 8 Cow. 361, 371 (N.Y. Sup. Ct. 1826) Carter v. Harris, 25 Va. (4 Rand.) 199, 204 (1826) (principle) McAllister v. Marshall, 6 Binn. 338, 350 (Pa. 1814) 82 NEW YORK CITY LAW REVIEW [Vol. 9:31 QUOTATION MARKS WITHOUT CITATION Federal Court Cases United States v. Bowens, 108 F. App’x 945, 971 (5th Cir. 2004) Berwind Corp. v. Fyfe, No. 89-55880, 1990 WL 208794, at *3 (9th Cir. 1990) United States v. Evans, 572 F.2d 455, 480 (5th Cir. 1978) Fund of Funds, Ltd. v. Arthur Andersen & Co., 567 F.2d 225, 233 (2d Cir. 1977) Bhd. of Locomotive Firemen and Enginemen v. Mitchell, 190 F.2d 308, 308 (5th Cir. 1951) (scriptural pronouncement) Va. Ferry Corp. v. NLRB, 101 F.2d 103, 105 (4th Cir. 1939) (high authority) Turner v. Kirkwood, 49 F.2d 590, 594 (10th Cir. 1931) (infallible truth and divine saying) Crawford v. United States, 30 App. D.C. 1, 12 (D.C. Cir. 1907) Olcott v. Rice, 69 F. 199, 202 (5th Cir. 1895) (truth) McGlothlin v. Connors, 142 F.R.D. 626, 635 (W.D. Va. 1992) (biblical admonition) Schwartz v. O’Grady, No. 86 CIV. 4243, 1990 WL 156274, at *5 (S.D.N.Y. Oct. 12, 1990) SEC v. Commonwealth Sec. Investors, Inc., No. 2161, 1970 WL 202, at *7 (E.D. Ky. Oct. 21, 1970) (Biblical quote) Mo. State Life Ins. Co. v. Keyes, 46 F. Supp. 181, 185 (W.D. Ky. 1933) (Jesus said) United States v. Walter, 291 F. 662, 663 (S.D. Fla. 1921) United States v. Del. & Hudson Co, 164 F. 215, 258 (C.C.E.D. Pa. 1908) United States v. Booth, 148 F. 112, 116 (C.C.D. Or. 1906) (principle) 2005] QUOTING THE BIBLE 83 Symmes v. Union Trust Co. of N.Y., 60 F. 830, 864 (C.C.D. Nev. 1894) United States v. Sippel, 8 C.M.R. 698, 745 (C.M.R. 1953) (principle) In re Grand Jury Investigation, 436 F. Supp. 818, 821 (W.D. Pa. 1977) (ancient axiom) Dobbins v. Local 212, 292 F. Supp. 413, 451 n. 19 (S.D. Ohio 1968) In re W.T. Byrns, Inc., 260 F. Supp. 442, 445 (E.D. Va. 1966) Shapiro v. Stahl, 195 F. Supp. 822, 825 (M.D. Pa. 1961) (infallible declaration) Livingston v. Shreveport-Texas League Baseball Corp., 128 F. Supp. 191, 199 (W.D. La. 1955) (axiom) State Court Cases People v. Woidtke, 729 N.E.2d 506, 513 (Ill. App. Ct. 2000) Winmark Ltd. P’ship v. Miles & Stockbridge, 674 A.2d 73, 87 (Md. Ct. Spec. App. 1996) Friendship Heights Citizens Comm. v. Barlow, 329 A.2d 122, 125 (Md. Ct. Spec. App. 1974) Am. Ins. Ass’n v. Ky. Bar Ass’n, 917 S.W.2d 568, 571 (Ky. 1996) Md. Metals, Inc. v. Metzner, 382 A.2d 564, 568 (Md. 1978) In re Brown, 559 P.2d 884, 889 (Or. 1977) Drenning v. Kuebel, Inc., 327 So. 2d 571, 575 (La. Ct. App. 1976) In re Boivin, 533 P.2d 171, 174 (Or. 1975) Commonwealth v. Shank, 54 Pa. D. & C.2d 602, 605 (Ct. Com. Pl. 1971) Elizabeth Fire Officers Ass’n v. City of Elizabeth, 274 A.2d 817, 819 (N.J. Super. Ct. App. Div. 1971) Warminster Twp. Appeal, 56 Pa. D. & C.2d 99, 111 (Ct. Com. Pl. 1971) 84 NEW YORK CITY LAW REVIEW [Vol. 9:31 Claughton v. Bear Stearns & Co., 156 A.2d 314, 319-20 (Pa. 1959) (infallible declaration and public policy rule) McCall v. Johns, 294 S.W.2d 869, 871 (Tex. Ct. App. 1956) State v. Haesemeyer, 78 N.W.2d 36, 40 (Iowa 1956) (ancient truth) In re Bond & Mortg. Guar. Co., 103 N.E.2d 721, 725 (N.Y. 1952) (centuries-old scriptural passage) Ky. State Fair Bd. v. Fowler, 221 S.W.2d 435, 439 (Ky. Ct. App. 1949) (philosophy) In re Buder, 217 S.W.2d 563, 574 (Mo. 1949) Kurtz v. Steinhart, 60 Pa. D. & C. 345, 360 (Ct. Com. Pl. 1947) (old adage) In re Laegen’s Estate, 43 N.Y.S.2d 924, 926 (Sur. Ct. 1943) Rotzin v. Miller, 277 N.W. 811, 817 (Neb. 1938) (hallowed petition) Int’l Serv. Union Co. v. People ex rel. Wettengel, 70 P.2d 431, 436 (Colo. 1937) Haines v. Biddle, 188 A. 843, 844 (Pa. 1937) (infallible declaration and public policy rule) Richter Jewelry Co. v. Schweinert, 169 So. 750, 753 (Fla. 1936) (general rule) Whelan v. Bailey, 36 P.2d 709, 710 (Cal. Dist. Ct. App. 1934) (saying) Bland v. Smith, 33 P.2d 25, 27 (Cal. Dist. Ct. App. 1934) (rule) Clawans v. Ordway Bldg. & Loan Ass’n., 164 A. 267, 283 (N.J. 1933) (wisdom of the ages) Mees v. Grewer, 245 N.W. 813, 815 (N.D. 1932) Hall v. Williams, 50 S.W.2d 138, 140 (Mo. 1932) (ancient maxim) Neb. State Bank of Norfolk v. Sch. Dist. of Pierce, 240 N.W. 570, 571 (Neb. 1932) (good authority) 2005] QUOTING THE BIBLE 85 Wick v. Youngstown Sheet & Tube Co., 1930 WL 2386, at *5 (Ohio Ct. Com. Pl. Dec. 29, 1930) Cent. Nat. Bank of Lincoln v. First Nat. Bank, 219 N.W. 894, 895 (Neb. 1928) (philosophy) McDaniel v. Cont’l Cas. Co., 240 Ill. App. 535, 549 (App. Ct. 1926) In re Water Rights in Silvies River, 237 P. 322, 358 (Or. 1925) Shealy v. S. Ry. Co., 120 S.E. 561, 568, 575 (S.C. 1924) Koons v. Richardson, 227 Ill. App. 477, 484 (App. Ct. 1923) (rule of the moral law and expression) Tex. Ref. Co. v. Alexander, 202 S.W. 131, 134 (Tex. Civ. App. 1918) (very high authority has said) Tusant v. Grand Lodge A.O.U.W., 163 N.W. 690, 693 (Iowa 1917) (law) Kirby-Sorge-Felske Co. v. Doty, 157 N.W. 273, 276 (Mich. 1916) (infallible declaration) Peterson v. Lewis, 154 P. 101, 106 (Or. 1915) In re E. Cameron Twp. Auditors’ Report, 1915 WL 3321, at *7 (Pa. Com. Pl. Aug. 11, 1915) (statement) (general principle) In re Krauthoff, 177 S.W. 1112, 1125 (Mo. Ct. App. 1915) (Highest Authority has said) King v. Reed, 141 P. 41, 43 (Cal. Ct. App. 1913) (infallible declaration and public policy rule) Clopton v. Meeves, 133 P. 907, 910 (Idaho 1913) (common experience and unanimous verdict of mankind) Jacobs v. Beyer, 125 N.Y.S. 597, 599 (App. Div. 1910) (rule) Biddle v. Cumberland County, No. 15, 1908 WL 2834, at *1 (Pa. Ct. Com. Pl. Oct. 20, 1908) Commonwealth ex rel. Kutz v. Witman, 66 A. 986, 987 (Pa. 1907) (statement) 86 NEW YORK CITY LAW REVIEW [Vol. 9:31 Evans v. Rockett, 32 Pa. Super. 365, 369 (Super. Ct. 1907) (infallible declaration) Commonwealth v. Miller, 1906 WL 3769, at *4 (Pa. Super. Ct. 1906) (expression) Wilkinson v. McCullough, 46 A. 357, 358 (Pa. 1900) (infallible declaration) Leathers v. Canfield, 75 N.W. 612, 616 (Mich. 1898) (infallible declaration) Addison v. Wanamaker, 39 A. 1111, 1111 (Pa. 1898) (proposition of the highest and best authority) Deutsch v. Baxter, 47 P. 405, 405 (Colo. App. 1896) (fact) Wildberger v. Hartford Fire Ins. Co., 17 So. 282, 283 (Miss. 1895) Finch v. Redding, 26 A. 368, 369-70 (Pa. 1893) (infallible declaration and public policy rule) Caswell v. Jones, 26 A. 529, 530 (Vt. 1893) Harkness v. Briscoe, 47 Mo. App. 196, 198 (Ct. App. 1891) (principle) Pearson v. Concord R.R., 62 N.H. 537, 545 (1883) Memphis, Kan. & Colo. Ry. Co. v. Parsons Town Co., 26 Kan. 503, 509 (1881) Haxton v. Harris, 19 Kan. 511, 512 (1878) Draper v. Moore, 1872 WL 6072, at *4 (Ohio Super. Ct. 1872) BIBLICAL MANDATE State Court Cases Hartford Accident & Indem. Co. v. Foster, 528 So.2d 255, 277 (Miss. 1988) (ancient principle) Kirby v. Cruce, 688 S.W.2d 161, 171 (Tex. Ct. App. 1985) (Christian morality) 2005] QUOTING THE BIBLE 87 In re Hershberger, 606 P.2d 623, 627 (Or. 1980) (biblical admonition) Citizens Bank v. C & H Constr. & Paving Co., 600 P.2d 1212, 1217 (N.M. Ct. App. 1979) (centuries-old scriptural passage) Twp. Comm. of Hazlet Twp., Monmouth County v. Morales, 289 A.2d 563, 565 (N.J. Super. Ct. Law Div. 1972) (moral rule) State v. Goode, 171 N.W.2d 733, 733 (S.D. 1969) (ancient admonition) State ex rel. Londerholm v. Schroeder, 430 P.2d 304, 314 (Kan. 1967) (ancient injunction) Riviera Congress Assocs. v. Yassky, 264 N.Y.S.2d 624, 634 (Sup. Ct. 1965) (centuries-old scriptural passage) Schear v. City of Elizabeth, 196 A.2d 774, 778 (N.J. 1964) (universal moral rule) Naftalin v. John Wood Co., 116 N.W.2d 91, 99 (Minn.1962) (truth of the biblical admonition) Dick & Reuteman Co. v. Doherty Realty Co., 114 N.W.2d 475, 479 (Wis. 1962) (centuries-old scriptural passage) Schauer v. City of Miami Beach, 112 So.2d 838, 841 (Fla. 1959) (familiar scriptural quotation) Spadaro v. Palmisano, 109 So.2d 418, 421 (Fla. Dist. Ct. App. 1959) (biblical mandate) Raymond v. Bartlett, 175 P.2d 288, 289 (Cal. Dist. Ct. App. 1946) (biblical doctrine) Higginbotham v. Pub. Belt R.R. Comm’n, 181 So. 65, 71 (La. Ct. App. 1938) (biblical doctrine) In re Flavin’s Guardianship, 18 N.E.2d 514, 518 (Ohio Ct. App. 1938) (law for two thousand years) Adams v. Hearn, 178 A. 606, 611 (Md. 1935) (divine injunction) Stubbs v. Fla. State Finance Co., 159 So. 527, 528 (Fla. 1935) (familiar scriptural quotation) 88 NEW YORK CITY LAW REVIEW [Vol. 9:31 Mangels v. Safe Deposit & Trust Co. of Balt., 173 A. 191, 197 (Md. 1934) (divine precept) State v. Williams, 68 S.E. 900, 902 (N.C. 1910) (scriptural teaching) Hamilton v. Allen, 125 N.W. 610, 612 (Neb. 1910) (philosophy of the Galilean and declaration) Beasley v. Swinton, 24 S.E. 313, 322 (S.C. 1896) (Christ said) Funk v. Washington Twp., No. 196, 1893 WL 2925, at *4 (Pa. Ct. Com. Pl. July 15, 1893) (authority of Holy Writ) Pa. R.R. Co. v. Flanigan, 4 A. 364, 367 (Pa. 1886) (authority of Holy Writ) Everhart v. Searle, 71 Pa. 256, 259 (1872) (authority of Holy Writ and principle) Scheible v. Bacho, 41 Ala. 423, 450 (1868) (Divine declaration) Herman v. Martineau, 1 Wis. 151, 158 (1853) (doctrine of Holy Writ) PRINCIPLE OR PROPOSITION State Court Cases People v. Dobrino, 592 N.E.2d 391, 401 (Ill. App. Ct. 1992) People v. Arnold, 577 N.E.2d 1355, 1362 (Ill. App. Ct. 1991) Fed’n of State Cultural & Educ. Prof’l v. Commonwealth, 546 A.2d 147, 150 (Pa. Commw. Ct. 1988) People v. Spreitzer, 525 N.E.2d 30, 34 (Ill. 1988) State v. Basham, 170 N.W.2d 238, 255 (S.D. 1969) (principle) Batson v. Strehlow, 59 Cal. Rptr. 195, 205 (Cal. Ct. App. 1967) Holmes v. McKey, 383 P.2d 655, 664 (Okla. 1963) In re Guardianship of Angell, 167 N.E.2d 711, 713 (Ill. App. Ct. 1960) Battle v. Reserve Life Ins. Co., 168 N.E.2d 915, 918 (Ohio Ct. App. 1959) 2005] QUOTING THE BIBLE 89 Fred Tuke & Son v. Burkhardt, 156 N.E.2d 490, 491 (Ohio Mun. Ct. 1958) State v. Hambrick, 196 P.2d 661, 667 (Wyo. 1948) Callahan v. Jones, 93 P.2d 326, 330 (Wash. 1939) Gallin v. Nat’l City Bank of N.Y., 273 N.Y.S. 87, 101 (Sup. Ct. 1934) Rossi v. Firemen’s Ins. Co. of Newark, N. J., 165 A. 16, 18 (Pa. 1932) Garibaldi Bldg. & Loan Ass’n of Atlantic City v. Garibaldi, 162 A. 419, 423 (N.J. Ch. 1932) Swearingen v. Moore, 280 P. 295, 299 (Okla. 1929) Johnson ex rel. McCarter v. Nippert, 144 A. 404, 406 (Pa. 1928) Adams v. Kennard, 253 P. 1048, 1049 (Or. 1927) Quell v. Boyajian, 90 Pa. Super. 386, 389 (Super. Ct. 1926) (ancient principle) Murray v. Stuart, 247 P. 187, 188 (Colo. 1926) (ancient principle) W.R. Pickering Lumber Co. v. Sherritt, 233 P. 179, 180 (Okla. 1924) Rowe v. Freeman, 172 P. 508, 511 (Or. 1918) Livermore Falls Trust & Banking Co. v. Riley, 78 A. 980, 981 (Me. 1911) Wolford v. Upper Salford Twp. Sch. Dist., 46 Pa. Super. 1, 4 (Super. Ct. 1910) Clark v. Hubbard, 44 Pa. Super. 37, 42 (Super. Ct. 1910) (public policy rule) Edwards v. Meyers, 76 A. 510, 511 (Pa. 1910) Marshall v. Reed, 32 Pa. Super. 60, 61 (Super. Ct. 1906) (declaration and general principle) Maxwell v. West, No. 603, 1900 WL 4333, at *1 (Pa. Ct. Com. Pl. Feb. 3, 1900) 90 NEW YORK CITY LAW REVIEW [Vol. 9:31 Cincinnati, H. & D. R.R. Co. v. Morris, 10 Ohio C.C. 502, 520 (Cir. Ct. 1895) Rice v. Davis, 20 A. 513, 514 (Pa. 1890) (infallible declaration and public policy rule) Bensley v. Moon, 7 Ill. App. 415, 421 (App. Ct. 1880) Bassett v. Monte Christo Gold & Silver Min. Co., 15 Nev. 293, 299 (1880) (general principle) Eur. & N. Am. Ry. Co. v. Poor, 59 Me. 277, 277 (1871) Morrison v. Ogdensburgh & Lake Champlain R.R. Co., 52 Barb. 173, 173 (N.Y. Sup. Ct. 1868) PROVERB OR MAXIM State Court Cases In re Estate of Shano, 869 P.2d 1203, 1210 (Ariz. Ct. App. 1993) Plaquemines Parish Com’n Council v. Delta Dev. Co., 502 So.2d 1034, 1040 (La. 1987) Alexander v. Super. Ct., 685 P.2d 1309, 1315 (Ariz. 1984) Int’l Ass’n of Fire Fighters, Local 1052 v. Pub. Employment Relations, 630 P.2d 470, 474 (Wash. Ct. App. 1981) In re Adkins’ Estate, 319 P.2d 512, 515 (Mont. 1957) (old proverb) Shell Oil Co. v. Bd. of County Com’rs, 231 P.2d 220, 224 (Kan. 1951) (maxim) Engle v. Dist. Ct., 85 P.2d 627, 629 (Utah 1938) In re Union Real Estate Inv. Co. First Mortgage 6% Gold Bonds Due July 1, 1941, 1 A.2d 662, 666 (Pa. 1938) Howard v. Potts, 233 N.W. 909, 912 (S.D. 1930) (moral maxim) Horan v. Varian, 265 P. 263, 267 (Cal. Dist. Ct. App. 1928) Cameron v. White, 262 P. 664, 668 (Okla. 1927) Salata v. Dylewski, 207 N.W. 895, 896 (Mich. 1926) 2005] QUOTING THE BIBLE 91 Farnsworth v. Hatch, 151 P. 537, 541 (Utah 1915) In re Ramsey, 123 N.W. 726, 728 (S.D. 1909) (moral maxim) Casey v. Donovan, 65 Mo. App. 521, 529 (Ct. App. 1896) Burke v. Bours, 32 P. 980, 981 (Cal. 1893) Piatt v. Longworth’s Devisees, 27 Ohio St. 159, 195 (1875) (legal maxim)https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1119&context=clr City University of New York Law Review Volume 9 | Issue 1 ...
Translation It takes the average person about 90 days to ingest the full 60 gram treatment. I suggest that people start with three doses pe...