Quote Originally Posted by sharrukin
Well the judge isn't supposed to make law, just apply it. He did say that the legislature should address this point which IMO is the correct way to go about it. The legislatures have a tendency to shirk their responsibilities if the issue is controversial.

“We’ve been doing it that way for 200 years,” he said. “Until the legislature changes that law, I believe I have to do what I’ve been told to do in the statutes.”

A 200 year precedent shouldn't be something a judge lightly tosses aside.
It his responsibility to interpret that law too. In this case it clearly conflicts with Federal protections of rights. He should be erring on the side that best protects those involved. I can't see how insisting that someone swear on a symbol of some other faith qualifies as such.

Judges also have a tendency to shirk their responsibilities in such cases. To me it shows either religious bias by the judge, lack of basic reasoning, or lack of will to do the right thing in the face of potential opposition.

Another activist judge, like Judge Ten Commandments.