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AMERICAN CIVIL LIBERTIES v. STATE

No. COA06-62.

639 S.E.2d 136 (2007)

AMERICAN CIVIL LIBERTIES UNION OF NORTH CAROLINA, INC., and Syidah Matteen, Plaintiffs, v. STATE of North Carolina, Defendant.

Court of Appeals of North Carolina.

January 16, 2007.

Attorney(s) appearing for the Case

Smith, James, Rowlett & Cohen, L.L.P., by Seth R. Cohen, Greensboro, for plaintiff-appellants.

Roy Cooper, Attorney General, by Grady L. Balentine, Jr., Special Deputy Attorney General, for defendant-appellee.

MARTIN, Chief Judge.

On 26 July 2005, the American Civil Liberties Union of North Carolina, Inc., ("ACLU-NC") filed a complaint against the State seeking a declaratory judgment interpreting N.C.G.S. § 11-2, the statute that describes the procedure for the administration of oaths. The statute mandates that a person giving an oath "shall . . . require the party to be sworn to lay his hand upon the Holy Scriptures." N.C. Gen.Stat. § 11-2. ACLU-NC sought a declaratory...

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