“Both of the First Amendment’s religion clauses – no establishment and free exercise – are essential to ensuring religious liberty,” BJC Executive Director Brent Walker explained during the 2013 Shurden Lectures. The two clauses were intended to keep government neutral - neither helping or hurting religion, but disengaging from religion to allow people of faith (or of no faith) to practice their religion as they see fit. The Free Exercise Clause keeps government from burdening or interfering with religious practice unless government can assert some paramount interest such as peace, safety, or public health and welfare. The Establishment Clause keeps government from advancing or privileging religion and from becoming excessively entangled with religion. The Establishment Clause (“Congress shall make no law respecting an establishment of religion”) and the Free Exercise Clause (“…or prohibiting the free exercise thereof”) are those twin guarantees of religious freedom. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ” 9, 2013).Religious liberty in the United States of America is protected by the two religion clauses found in the first 16 words of the First Amendment: 11 If this posture is followed by other courts, it would appear that atheism/secularism may be treated as the equivalent of religion in most legal disputes.ġ Everson v. Neither the Second Circuit nor the lower court which first dismissed the case questioned the ability of atheists to make a claim under RFRA. Though the Second Circuit ruled against the atheists’ RFRA claim, it is notable that the court was willing to entertain the challenge at all. 9 The Second Circuit affirmed a lower court’s dismissal of the case, finding that the “appellants’ system of beliefs is not substantially burdened by the placement of the motto on currency.” 10 currency violated RFRA by requiring them to bear a statement that violated the central tenets of their beliefs. 8 A group of atheists and secular humanists alleged the inclusion of “In God We Trust” on U.S. Hobby Lobby? 7 At this time, the only court to have addressed this question is the Second Circuit Court of Appeals. For instance, would atheists be able to utilize the Religious Freedom Restoration Act (RFRA) to seek exemption from generally applicable laws, as Hobby Lobby was able to do in the crushing Supreme Court decision Burwell v. The reach of courts’ characterization of atheism as a religion, or religion-like, is unclear. Put another way, discrimination on the basis of religious belief extends to all beliefs about religion. 5Ītheism is not a religion, but it does “take a position on religion, the existence and importance of a supreme being, and a code of ethics.” 6 For that reason, it qualifies as a religion for the purpose of First Amendment protection, despite the fact that in common usage atheism would be considered the absence, rejection, or opposite of religion. 4 In yet another decision, the Court “unambiguously concluded” that the First Amendment requires “equal respect for the conscience of the infidel the atheist” as it does to those who profess belief in God. In 1961, the Court referred to “Secular Humanism” as a form of atheism that is nonetheless protected by the First Amendment. The statements in McCreary County were not the first time the Supreme Court had noted the First Amendment’s protections extend to atheists. protect adherents of all religions, as well as those who believe in no religion at all.” 3 Second, the Supreme Court has held the Free Exercise Clause to mean that government may not express a preference for “religion over irreligion.” 2 In 2005, Justice O’Connor, concurring with the majority’s conclusions in McCreary County v. 1 This protects atheists from being forced to participate in government-sponsored religion and from government reprisal if atheists did not participate. So how are atheists, who by definition do not have religious beliefs or exercise a religion, protected by the First Amendment?įirst, atheists are protected by the Establishment Clause, which prohibits the government from establishing a government-sponsored house of worship or showing preference to one or all religions by passing laws to favor religion, or by forcing citizens to profess belief in religion or attend religious services. The First Amendment prohibits the government from punishing citizens for professing and exercising their religious beliefs-including a lack of religious belief. Is atheism protected under the First Amendment?
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