"I solemnly affirm" vs. "I affirm"

Question

In many jurisdictions, one can swear or affirm with the same legal implications, although there are differences theologically. But what does it mean to "solemnly affirm"?

Does saying, "I solemnly affirm ..." mean the same thing as "I affirm," thus making "solemnly" somewhat redundant, or does "solemnly affirming" have religious connotations, thus being similar to swearing?

Note: To confirm this was on-topic, I first asked here: https://meta.stackexchange.com/questions/375785/law-english-or-somewhere-else-where-should-these-two-questions-go

Answer 1

does "solemnly affirming" have religious connotations, thus being similar to swearing?

england-and-wales

No

The affirmation is covered by ss.5 & 6 of the Oaths Act 1978 which expressly states at s.5(1) it is an alternative to a religious oath:

Any person who objects to being sworn shall be permitted to make his solemn affirmation instead of taking an oath.

The Act does not define the meaning of "solemn" so in these situations the courts' convention is to use the Oxford English Dictionary meaning:

Solemn:

1 Formal and dignified

1.1 Not cheerful or smiling; serious

2 Characterized by deep sincerity.

Source free OED version

Does saying, "I solemnly affirm ..." mean the same thing as "I affirm?

"Solemnly" is an adverb which - for want of a better expression - adds weight and gravity to the affirmer's promise to tell the truth.

Answer 2

united-states

Note that both "I affirm" and "I solemnly affirm" 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.

Semi-recent case law on this topic would be George Gordon ( 778 F.2d 1397 (9th Cir. 1985) ), who refused to affirm because "an affirmation is an oath by another name." The court initially rejected this (holding him in contempt), but the 9th circuit found in his favor, eventually settling on an alternative:

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.

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.