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Why is it wrong to point out that the greatest minds in law (US Supreme Court) say that Atheism is a religion?
http://members.aol.com/Patriarchy/definitions/huma...
The U.S. Supreme Court cited Secular Humanism as a religion in the 1961 case of Torcaso v. Watkins (367 U.S. 488). Roy Torcaso, the appellant, a practicing Humanist in Maryland, had refused to declare his belief in Almighty God, as then required by State law in order for him to be commissioned as a notary public. The Court held that the requirement for such an oath "invades appellant's freedom of belief and religion."
The Court declared in Torcaso that the "no establishment" clause of the First Amendment reached far more than churches of theistic faiths, that it is not the business of government or its agents to probe beliefs, and that therefore its inquiry is concluded by the fact of the profession of belief.
Actually, the Court in Torcaso rested its decision on "free exercise" grounds, not the "Establishment Clause." Abington v. Schempp, 374 U.S. 203, 264-65 (1962) J. Brennan, concurring.
The Court stated:
We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person to "profess a belief or disbelief in any religion." Neither can constitutionally pass laws or impose requirements which aid all religions as against non-believers,10 and neither can aid those religions based on a belief in the existence of God as against those religions founded on different beliefs.11
Footnote 11 concerning "religions founded on different beliefs" contains the Court's citation of Secular Humanism as a religion. It states
Among religions in this country which do not teach what would generally be considered a belief in the existence of God are Buddhism, Taoism, Ethical Culture, Secular Humanism, and others. See Washington Ethical Society v. District of Columbia, 101 U.S. App. D.C. 371, 249 F.2d 127; Fellowship of Humanity v. County of Alameda, 153 Cal. App. 2d 673, 315 P.2d 394; II Encyclopedia of the Social Sciences 293; 4 Encyclopedia Britannica (1957 ed.) 325-327; 21 id., at 797; Archer, Faiths Men Live By (2d ed. revised by Purinton), 120-138, 254-313; 1961 World Almanac 695, 712; Year Book of American Churches for 1961, at 29, 47.
It is important to note that this citation of Secular Humanism as a religion is not merely dictum. The Supreme Court refers to the important 1957 case of Washington Ethical Society v. District of Columbia (101 U.S. App. D.C. 371) in its holding that Secular Humanism is a non-theistic religion within the meaning of the First Amendment.
The Ethical Culture movement is one denomination of Secular Humanism which reaches moral and cultural relativism, situation ethics, and attacks belief in a spiritual God and theistic values of the Old and New Testaments.
The Washington Ethical Society case involved denial of the Society's application for tax exemption as a religious organization. The U.S. Court of Appeals reversed the Tax Court's ruling, defined the Society as a religious organization, and granted its tax exemption.
The Court Stated,
The sole issue raised is whether petitioner falls within the definition of a "church" or a "religious society" . . . . The taxing authority urges denial of the tax exemption asserting petitioner is not a religious society or church and that it does not use its buildings for religious worship since "religious" and "worship" require a belief in and teaching of a Supreme Being who controls the universe. The position of the tax Court, in denying tax exemption, was that belief in and teaching of the existence of a Divinity is essential to qualify under the statute. . . . To construe exemptions so strictly that unorthodox or minority forms of worship would be denied the exemption benefits granted to those conforming to the majority beliefs might well raise constitutional issues . . . . We hold on this record and under the controlling statutory language petitioner qualifies as "a religious corporation or society" . . . .
It is incumbent upon Congress to utilize this broad definition of religion in all its legislative actions bearing on the support or non-support of religion, within the context of the "no-establishment" clause of the First Amendment.
15 Answers
- 1 decade agoFavorite Answer
(((Adyghe!!)))
We can't help it if the justices are Christians. Hahahah!!
Good to see you again :D
- Anonymous1 decade ago
Not all atheists are secular humanists. Some are far-right Objectivists out of the Ayn Rand school of thought. The Secular Humanist group to which I belong has Christian members, whom we welcome. A shared view of helping fellow humans is no impediment to membership. In other words, we have no religious/atheist test you must meet to join.
Abington vs. Schempp carries more weight. Torcaso v. Watkins was one of many cases fighting and leading to Abington vs. Schempp, which barely arrived on the Supreme Court's docket ahead of a similar, and stronger case out of Florida. Had the Florida case been heard, Christians would have been even angrier at the secular ruling. Be glad it was Abington vs. Schempp.
Atheism is not a religion.
Source(s): "Ellery's Protest" by Stephen Solomon - Anonymous1 decade ago
An atheists is not by definition a secular humanist.
You distort the truth in your weak argument.
Although there may be similarities an atheist simply does not believe in the existence of any gods.
A secular humanist believes in a whole range of other things as well.
- Jeff DLv 41 decade ago
Many lawyers (including me), and many Americans, would doubt or dispute that occupancy a seat on the U. S. Supreme Court is any assurance that the occupant possesses one of the "greatest minds in American law."
To make a long and complicated story short[er] . . .
The U.S. federal courts have held "atheism" and "secular humanism" to be types of "religion" in specific cases in the context of First Amendment jurisprudence, and ONLY in that context, and the courts have done so IN ORDER TO PROVIDE AGGRIEVED CITIZENS with a remedy for instances of unconstitutional or unlawful religious-based discrmination AGAINST non-believers in traditional religions.
Various statutes and published court decisions have evolved all sorts of ad hoc, idiosyncratic "definitions" and "categorizations" that arguably do not make sense outside the arena of litigation and courtrooms. Black's Law Dictionary defines a "cat" as a "small four-footed domestic animal that catches mice." My father's Jack Russell Terriers were very good at catching and killing field mice. Did that make them "cats"? Of course not.
For a clearer idea of the narrow context in which the U.S. Supreme Court and other federal courts have defined "atheism" as a religion for specific First Amendment purposes, here is a good excerpt from the majority opinion in Kaufman v. McCaughtry, 419 F.3d 678 (7th Cir. 2005):
"But whether atheism is a "religion" for First Amendment purposes is a somewhat different question than whether its adherents believe in a supreme being, or attend regular devotional services, or have a sacred Scripture. The Supreme Court has said that a religion, for purposes of the First Amendment, is distinct from a 'way of life,' even if that way of life is inspired by philosophical beliefs or other secular concerns. See Wisconsin v. Yoder, 406 U.S. 205, 215-16, 32 L. Ed. 2d 15, 92 S. Ct. 1526 (1972). A religion need not be based on a belief in the existence of a supreme being (or beings, for polytheistic faiths), see Torcaso v. Watkins, 367 U.S. 488, 495, 6 L. Ed. 2d 982, 81 S. Ct. 1680 & n.11 (1961) ; Malnak v. Yogi, 592 F.2d 197, 200-15 (3d Cir. 1979) (Adams, J., concurring); Theriault v. Silber, 547 F.2d 1279, 1281 (5th Cir. 1977) (per curiam), nor must it be a mainstream faith, see Thomas v. Review Bd., 450 U.S. 707, 714, 67 L. Ed. 2d 624, 101 S. Ct. 1425 (1981); Lindell v. McCallum, 352 F.3d 1107, 1110 (7th Cir. 2003)."
"Without venturing too far into the realm of the philosophical, we have suggested in the past that when a person sincerely holds beliefs dealing with issues of "ultimate concern" that for her occupy a 'place parallel to that filled by . . . God in traditionally religious persons,' those beliefs represent her religion. Fleischfresser v. [*682] Dirs. of Sch. Dist. 200, 15 F.3d 680, 688 n.5 (7th Cir. 1994) (internal citation and quotation omitted); see also Welsh v. United States, 398 U.S. 333, 340, 26 L. Ed. 2d 308, 90 S. Ct. 1792 (1970); United States v. Seeger, 380 U.S. 163, 184-88, 13 L. Ed. 2d 733, 85 S. Ct. 850 (1965). We have already indicated that atheism may be considered, in this specialized sense, a religion. See Reed v. Great Lakes Cos., 330 F.3d 931, 934 (7th Cir. 2003)."
[end of quotation]
Does an "atheist" (who may be a victim of religious-based discrimination and may be classified as having a "religion" for purposes of the Free Exercise clause of the First Amendment) REALLY have a "religion" in the real world? If "religion" is given a sensible and not a ridiculously broad defintion, of course not. In the real world, as distinct from the world of courtrooms and law libraries and trials, a person cannot have a "religion" unless he believes or pretends to believe in one or more "supernatural" or mystical beings, agents, or forces (such as deities) and believes that it is important to please or to obtain the approval or favor of those beings, agents, or forces.
Many Ethical Culture societies and Secular Humanist groups organize and conduct themselves in ways that make them barely distinguishable from "churches" as specifically defined by the U.S. Treasury Department for purposes of the exemption from federal income taxes as "religious organizations" under Code section 501(c)(3) [In my law practice I have worked extensively and occasionally lectured on nonprofit / charitable tax exemption issues. "Church" is scarcely used at all in the Internal Revenue Code (but has been defined by the IRS in regulations and other published guidance), and "religious organization" -- a category that IS used in 26 U.S.C. 501(c)(3) and the corresponding Treasury Regulations, is broader than "church."] I don't really care much one way or another about whether an Ethical Culture Society or particular Secular Humanist organization achieves its tax-exempt status as a religious organization or as some other type of nonprofit organization. The "religious" basis for exemption is not the only one available. As a taxpayer, I'd rather see fewer "religious organizations" qualify for tax-exempt status, particularly if they engage in significant political campaigning or lobbying or divert large sums of money into the custom-tailored pockets of their "reverend" leaders.
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- MindgamesLv 51 decade ago
lol..here, read it, learn it, understand it
religion
NOUN:
Belief in and reverence for a supernatural power or powers regarded as creator and governor of the universe.
A personal or institutionalized system grounded in such belief and worship.
The life or condition of a person in a religious order.
A set of beliefs, values, and practices based on the teachings of a spiritual leader.
A cause, principle, or activity pursued with zeal or conscientious devotion
What's with the god worshipers and their constant need to label Atheists a religion, plz educate yourself, do you know how dumb you sound?
why stop at Atheists, why not call white people a religion, or math a religion, since Atheists and evolution is a religion
- Anonymous1 decade ago
Secular humanism is a belief system of sorts, without a god.
So is buddhism.
That doesn't mean Atheism itself (condition of having no belief in gods) is a religion. Far from it.
- Weird DarrylLv 61 decade ago
They call it a religion for legal reasons. That doesn't make it an actual religion. It is just a way to make sure that some overzealous believers don't trample all over our rights.
.
Source(s): Former Christian, now born-again atheist. . - Fear EvolvedLv 51 decade ago
Atheism is only an aspect of Secular Humanism. Atheism by itself isn't a religion.
- 1 decade ago
Secular humanism, while atheistic, is not the embodiment of atheism.
Christianity is theistic, but are all theists Christians? No, of course not.
Source(s): The only thing all theists share, is that they believe in god(s). Is theism, by itself, a religion? No. The only thing all atheists share, is the lack of belief in the gods. Is atheism by itself, a religion? No. You know, I've never really understood the need to make atheism a religion, from some theists. Why do you folks desire to bring us down to your level, so to speak? - grumpyfiendLv 51 decade ago
Atheism is a "belief" just like every other religion out there; pure and simple. If it works for you, that's just fine and dandy, but you shouldn't make other people change the way they believe; It's just plain wrong to change a person like this. They wouldn't be themselves if they did.