Wednesday, March 05, 2008

Atheism As Religon--PER Federal Courts

It appears that I erred in stating that the Supreme Court of Wisconsin declared Atheism as a "religion" as it was, in fact, the US Seventh Court of Appeals which did so in the case of:

James J. Kaufman
Gary R. McCaughtey, et. al.
7th US Court Of Appeals
Decided Aug. 19, 2005.

Also related is the case of:
James J. Kaufman
Gary R. Mccarghry and Jamyi Witch
US District Court
Western District Of Wisconsin
Opinion & Order Given
23 March 2006.

That having been written, I (As an educated citizen with some experience in "reading law"; But, not an attorney) can only conclude that the Court did determine that:
1. "Atheism" is a "religion"; And,
2. "Religion" (In more common and earlier terms) cannot be favored over "not religion" as to definition or treatment. [It logically follows that the religion of Atheism should not be favored, by government, over other religions.]

The Appeals Court's decision also cited some US Supreme Court decisions in support of its above positions.

With this new determination-and-definitions, it would appear that any government's favoring of Atheism over other religions would be a violation of that part of the First Amendment to the US Constitution which prohibits the establishment of a state religion.

At least within the jurisdiction of the Seventh Court Of Appeals, I would encourage any person or organization to challenge any government agency's exclusion of "traditional religion" (By expression, public display, use of government property-and-sites, etc.) on the basis that such favors the "Religion Of Atheism" in violation of the "separation clause" of the Constitution. Such challenges should apply to Christmas displays, displays of the Ten Commandments, public school activities, etc.


Anonymous said...
This comment has been removed by a blog administrator.
Alex said...

I understand both points. Not believing in a god, however, became a religon when atheists started to organize and began a godless crusade of trying to convice people that they are ignorant, logicless lemmings for believing in a god vs. following their own morals and being arrogant enough to believe that they KNOW, not believe, that there is NO CHANCE that there is a god. When my kid says that people in school are calling her stupid for being Christian, thats when atheism gained that capital "A" and is now Atheism: the 4% of the U.S. that worship themselves as the only power in the universe that needs to be heeded.