PRESS RELEASE


For release: 13 January 1993

	A Houston criminal case resulted in a mistrial today
because one of the jurors was an Atheist, according to
reports received by the National Office of American
Atheists.

	The individual was called for jury duty in the 209th
District, in the court of Judge Michael McSpadden, at 10:30
A.M., Wednesday, January 13. The statutory juror's oath was
administered, including "So Help Me God." Afterwards, the
juror informed the judge that he was an Atheist and thus the
oath, which he had taken, was inapplicable to him. He was
informed that it was acceptable nonetheless. Later, the jury
was dismissed and a mistrial declared because there was a
fault in the selection process. As explained to the
nonbeliever, the problem was that the Atheist should have
been "weeded" out earlier and not permitted on the jury
because he could not take the juror's oath "So Help Me God."
The defense attorney had made the motion for mistrial in the
case, which was that of an accused sexual offender.

	The judge noted that this was the first time that a
mistrial had occurred in his court because of an Atheist's
being on the jury.

	American Atheists has tried to challenge the Texas
mandatory oaths for jurors in three separate federal
lawsuits. One was the result of the 1987 jailing of Robin
Murray-O'Hair, executive secretary of the group, when she
refused to take an oath "So help me God."

	In Texas, witnesses are not required to take religious
oaths, though jurors must. Until 1982, Article I, Sect. 4
of the Texas Constitution forbade Atheists from holding any
public office. The provision was found to be
unconstitutional as a result of an American Atheist lawsuit.

	American Atheists does wish to pursue this situation.
As Robin Murray-O'Hair notes, "This situation is typical of
the second-class citizenship which Atheists have in Texas.
It is time for the state to enter the 20th century in its
treatment of nonbelievers."

	Founder Madalyn O'Hair and President Jon G. Murray will
be in Houston tomorrow and will be available for comments.

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