| Topic: |
Religions > Atheism |
| User: |
"Gregory Gadow" |
| Date: |
23 Dec 2003 10:26:41 AM |
| Object: |
Notaries Public, with a warning |
I am a notary public and a member of the National Notary Association
(http://www.nationalnotary.org in case anyone is interested.) In the
November issue of "The National Notary", the NNA's bi-monthly membership
publication, there was a great article about the need for notaries to
put their personal biases aside when performing their duties. One
example in the article had to do with a notary who refused to notarize
an affidavit of candidacy for office, because the candidate took
positions the NP found immoral. Also mentioned was a Virginia law
requiring a minor to present a notarized written permission from a
parent before getting an abortion (which some notaries were outright
refusing to witness) and a California law requiring a notarized
affidavit before a same-sex couple could be registered as domestic
partners (likewise.)
In the January issue of "The National Notary," this response to David S.
Thun's "Keeping Your Personal Bias on the Shelf" was published
(reprinted in full):
"I found David Thun's article advising Notaries to 'put their bias on
the shelf' a blatant attempt to teach a philosophical value that many
people, including myself, not only cannot accept but hae a duty to
challenge. To accept Thun's article, one must have no core values. One
must believe that values are negotiable. Such people are chamelions who
seek only their own well-being.
"A person with core values will refuse to do anything that would work
against those values. For example, a pro-life physician would never
perform an abortion. A teacher who has a core value that premarital sex
is wrong would refuse to teach a curriculum that advocates it. A Notary
who has core values has a duty dictated by conscience to refuse to
notarize a document that facilitates an action his or her conscience
says is wrong. I do not accept the premise that one's core values
constitute unwholesome bias.
Don Carriker
Springfield, Missouri"
I wrote the following letter, which I hope will be published in the
March issue:
"In his letter published January, 2004, Mr. Carriker asserts that
notaries have a duty to refuse notarization of documents that violate
the notary's 'core values.'
"What Mr. Carriker fails to understand is that when called upon as a
notary, he is acting as an agent of the state government and not as a
private citizen. By refusing to notarize, say, an affidavit of domestic
partnership because he believes homosexuality is immoral, he commits the
same crime as a county clerk who refuses to issue a marriage license to
a mixed-race couple. Failure to fulfil the duties of public office
because of personal prejudices is not an excuse for personal bigotry. In
my home of Washington State, such failure can be classified as
unprofessional conduct and can lead to disciplinary action or the
revocation of notary credentials.
"If Mr. Carriker believes that his core values are in violation of civil
law, he has no right being an agent of that civil law. If Mr. Carriker
believes that he is not able to fulfil the responsibilities in being a
notary public, he should cease to be a notary public.
Gregory Gadow
Seattle, Washington"
Anyway, the warning: If you go to a notary public to get something
witnessed and the notary refuses, for any reason, to notarize an
otherwise valid document, you do have recourse. In almost all states,
such a refusal is at least unprofessional conduct and can lead to
disciplinary action or even the revocation of notary credentials. Many
states explicitly prohibit notaries from discriminating on account of
race, religion (or the lack thereof), political beliefs or affiliation,
or for any other such excuse.
There are, of course, valid reasons to not notarize a document. All of
the blank spaces of a form must be filled in. All persons signing must
sign in the notary's presence and must provide proper identification
(the standard is a current, government issued ID with photo, signature
and physical description or a long-standing relationship with the
notary.) Any oaths required must be sworn or affirmed. And the document
must be notarizeable (public records such as birth certificates can not
be notarized, for example.) But refusal based on the *content* of the
document is not a valid reason, nor is the refusal to take a religious
oath when a jurat is required. Nor may personal character, proven or
presumed, be a consideration. Regardless of personal feelings towards
atheists (or theists, for that matter) or any other group, a notary who
refuses to notarize a valid document presented by a member of that group
is wrong.
If you ever find yourself in such a position, there are a few things you
can do. File a complaint with the state's Secretary of State (usually
the government official who oversees notaries public) and Office of
Civil Rights. File a complaint with the National Notary Association
(even if the notary is not a member, they can advise you further.) And
if nothing else, file a civil suit in state court claiming
discrimination. Remember that notaries are *public officials,* even when
they work for a private company; refusing ANYONE with a valid document
(and the fee set by law, if requested) is a violation of the law. You do
have rights.
--
Gregory Gadow
techbear@serv.net
http://www.serv.net/~techbear
"If you make yourself a sheep, the wolves will eat you."
-- Benjamin Franklin
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