Society of Separationists, Inc. v. Guy Herman, Judge of the Travis County Court at Law

GOLDBERG, Circuit Judge:

An atheist, summoned for jury duty in a Texas court, declined to take the required pre-voir dire oath because it included a reference to God. Offered an affirmation containing a reference to God, she continued to refuse. When she was offered the opportunity to raise her hand and be affirmed without such reference, she still declined, explaining that she considered an affirmation just as religious as an oath. The judge disagreed with her belief that such an affirmation was religious, and jailed her for contempt. Released after posting bond, the woman sued under section…