Iowa State Rep. Pettengill Wants Lawmakers to Swear to God

Iowa State Representative Dawn Pettengill (R) is proposing a resolution that would change the Iowa constitution to require lawmakers to say “so help me God” when being sworn into office. According to the Associated Press, Pettengill cares little about whether the proposal would offend lawmakers who don’t believe in God, saying that it’s offensive to her own faith not to require the phrase in the oath.

House Majority Leader Kevin McCarthy says he’s checking with other lawmakers to see if there’s interest in moving forward with the resolution (it hasn’t been filed yet), but if any of them are at all familiar with Constitutional law they’d be wise to advise him to drop the matter. The ACLU and other groups are closely watching this issue, and no doubt someone will sue if such a measure were to move forward. And such a legal suit is very likely to win. There are all sorts of Constitutional protections this proposed resolution would violate, such as both religion clauses of the First Amendment, as well as the Free Speech Clause (most everyone is familiar with the Constitutional prohibition on restricting free speech—well, compelled speech also counts as violating free speech rights). Moreover, Article VI clearly states that the U.S. Constitution trumps state law on these issues.

But even if under the exceedingly unlikely scenario Iowa lawmakers aren’t aware of such Constitutional law, they should eschew Pettengill’s proposal based on simple principles of fairness and common sense. Besides being Constitutionally prohibited, anyone who understands the Golden Rule also understands that it’s wrong to require a nontheist to profess faith in God—just as much as it would be to require someone of faith to profess their disbelief in God. And such a requirement would do nothing to ensure the veracity of a person’s statement or promote reverence for the propaganda promoted therein, but rather would serve to undermine respect for the very ideas such a law would ostensibly advance.

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