Apparently, in Colorodo it is unlawful for a jury member to reference God's law in coming to a verdict.
During oral arguments before the Supreme Court last month, defense attorney Kathleen Lord said the jurors had gone outside the law. "They went to the Bible to find out God's position on capital punishment," she said.
On a spiritual level, the source of law is God Himself. Our framers attributed our very rights as "endowed by our Creator". As a Constitutional matter, this is quite scary, even if you don't believe in the Bible. I don't know much about jury rules (maybe [Matt] can help with this one), but it seems to me that in a free society, part of the beauty is that citizens bring with them their beliefs and who they are to the jury room. They are expected to objectivly deliberate about what they believe is true or not true about the case, however the sentence under the law can not be separated from their personal view of justice. For government to separate a persons beliefs and opinions from their actions is, according to James Madison (Federalist Paper #10), is to remove liberty itself. Faireness does not come from government stepping in, it comes from competing factions within the jury room. It is in by encouraging free and competing thoughts that freedom is ensured, not by mandating one faction (in this case Atheism).


