united-states legal-terms definition perjury testimony
&quot;I solemnly affirm&quot; vs. &quot;I affirm&quot;
<p>In many jurisdictions, one can swear or affirm with the same legal implications, although there are differences theologically. But what does it mean to &quot;<strong>solemnly</strong> affirm&quot;?</p>
<p>Does saying, &quot;I solemnly affirm ...&quot; mean the same thing as &quot;I affirm,&quot; thus making &quot;solemnly&quot; somewhat redundant, or does &quot;solemnly affirming&quot; have religious connotations, thus being similar to swearing?</p>
<p><strong>Note:</strong> To confirm this was on-topic, I first asked here: <a href="https://meta.stackexchange.com/questions/375785/law-english-or-somewhere-else-where-should-these-two-questions-go">https://meta.stackexchange.com/questions/375785/law-english-or-somewhere-else-where-should-these-two-questions-go</a></p>

<p><strong>does &quot;solemnly affirming&quot; have religious connotations, thus being similar to swearing?</strong></p>
<p><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a></p>
<p><strong>No</strong></p>
<p>The affirmation is covered by <a href="https://www.legislation.gov.uk/ukpga/1978/19/part/II/crossheading/solemn-affirmations?timeline=false" rel="nofollow noreferrer">ss.5 &amp; 6 of the Oaths Act 1978</a> which expressly states at s.5(1) it is an alternative to a religious oath:</p>
<blockquote>
<p>Any person who objects to being sworn shall be permitted to make his solemn affirmation instead of taking an oath.</p>
</blockquote>
<p>The Act does not define the meaning of &quot;solemn&quot; so in these situations the courts' convention is to use the Oxford English Dictionary meaning:</p>
<blockquote>
<p>Solemn:</p>
<p>1 Formal and dignified</p>
<p>1.1 Not cheerful or smiling; serious</p>
<p>2 Characterized by deep sincerity.</p>
<p><a href="https://www.lexico.com/definition/solemn" rel="nofollow noreferrer">Source free OED version</a></p>
</blockquote>
<p><strong>Does saying, &quot;I solemnly affirm ...&quot; mean the same thing as &quot;I affirm?</strong></p>
<p>&quot;Solemnly&quot; is an adverb which - for want of a better expression - adds weight and gravity to the affirmer's promise to tell the truth.</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" rel="tag">united-states</a></p>
<p>Note that both &quot;I affirm&quot; and &quot;I solemnly affirm&quot; may or may not be religious: This is determined by the sincerely held religious beliefs of the person making oath/affirmation.  Given appropriate warning, courts are often flexible about such oaths.</p>
<p>Semi-recent case law on this topic would be George Gordon ( 778 F.2d 1397 (9th Cir. 1985) ), who refused to affirm because &quot;an affirmation is an oath by another name.&quot; The court initially rejected this (holding him in contempt), but the 9th circuit found in his favor, eventually settling on an alternative:</p>
<blockquote>
<p>I understand that I must accurately state the facts. I agree to
testify under penalty of perjury. I understand that if I testify
falsely, I may be subject to criminal prosecution.</p>
</blockquote>
<p>I'm unaware whether a refusal to affirm (rather than give oath) for religious reasons has ever made it to the supreme court; one hopes the courts would avoid needing to go that far.</p>
