Guide to Evidence  Section 610. Religious beliefs or opinions

Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.

This section is derived from Commonwealth v. Dahl, 430 Mass. 813, 822–823 (2000), and G. L. c. 233, § 19 (“evidence of [a person’s] disbelief in the existence of God may not be received to affect his credibility as a witness”). See also Commonwealth v. Gonsalves, 488 Mass. 827, 842–843 (2022) (error to admit witness’s statement that she “spoke to God” before deciding to testify against defendant). Though not admissible as to credibility, evidence that relates to a person’s religious beliefs is not per se inadmissible. See Commonwealth v. Kartell, 58 Mass. App. Ct. 428, 436–437 (2003) (evidence of defendant’s religious beliefs admissible for relevant purpose of showing defendant was jealous of victim); Commonwealth v. Murphy, 48 Mass. App. Ct. 143, 145 (1999) (to establish that a child witness is competent to testify, “a question whether the child believes in God and a question whether the child recognizes the witness’s oath as a promise to God are within tolerable limits to test whether the witness’s oath meant anything to the child witness”).