Why Cod?

This is not a blog about the Cod fish, per se. However, as law students and avid fishers we find our title quite appropriate.

If you ever find yourself in a New York courtroom one of the first things you will notice are the words “In God We Trust” centrally placed, a few feet above the judge’s bench. It is not exactly surprising to see the phrase, we are accustomed to it by now. Notwithstanding the familiarity of the words, we still feel discomfort when faced with these words in the Court.

What is the significance of “In God We Trust?” Does the phrase presuppose that a God exists? Is the government invoking religion in what is supposed to be a secular judicial system? If so, is there a harm in doing so or is the phrase simply an innocuous nod to past traditions? If our government must invoke a higher power why not display “In the Gods We Trust?” or, “God, If you Exist, We are Hereby Placing Our Trust In Your Good Will To Ensure Our Judicial System Functions Properly?”

The words we choose to display publicly in our ‘human made’ legal system should have nothing to do with any God. For one reason, we did not ask a God’s permission or confer with a God before writing our laws. Our State and Federal legislatures do not have a direct line to heaven. There is no teleconferencing with God before a bill is signed or a judicial decision is issued.

The separation between church and State is one of the strongest features of the United States. Yet our own courtrooms, the arteries by which earthly justice is served, degrade themselves by placing their trust in the supernatural. Courts frequently reject arguments of pure conjecture yet in doing so they are oblivious to their own hypocritical endorsement of the unknown.

The phrase “In God We Trust” does not make sense as a national motto of the United States, a nation founded on the premise that no matter what religion persuaded your soul, you would be free to practice its tenets. We live in a nation of healthy religious diversity, where Muslims, Hindus, Jews, Christians, Buddhists, and hundreds of others walk the streets in peace, holding true to their own beliefs about their place in this world. And let’s not forget the millions of non-believers, people who simply see the world without the supernatural. So who is this “we” that trusts in God? “We” seems to be leaving out many.

Finally, by conflating the judicial system with God, the Court implicitly condones the moral codes of organized religion (or at least in some people’s minds it does). Many monotheistic religions condemn certain behaviors and lifestyles that are natural and acceptable outside of their religions. In fact, most people have a hard time abiding by certain tenants just as a matter of biology. There should be no confusion; the Court should not decide the fate of criminal defendant, determine when human life begins, decide who can marry, or make any other decision under an influence of God. By placing “In God We Trust” in the courtroom, the Court rubber-stamps each decision it makes with God’s authority. In doing so, the Court submits itself, in the name of justice, to a moral rubric that excludes the very people it was meant to protect.


What would be some good alternatives? One suggestion is: “By Reason We Are Guided.” Any other ideas? What do you think about the phrase?