Atheism: A Constitutional Right?

Atheism is protected by the First Amendment in the US Constitution. The First Amendment prohibits the government from punishing citizens for professing and exercising their religious beliefs, including a lack of religious belief. The Establishment Clause prohibits the government from establishing a government-sponsored house of worship or showing preference to one or all religions by passing laws to favour religion, or by forcing citizens to profess belief in religion or attend religious services. This protects atheists from being forced to participate in government-sponsored religion and from government reprisal if they do not participate.

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Atheists are protected by the Establishment Clause

The Supreme Court has held the Free Exercise Clause to mean that the government may not express a preference for "religion over irreligion". In 2005, Justice O'Connor, concurring with the majority's conclusions in *McCreary County v. ACLU*, was explicit: "The Religion Clauses... protect adherents of all religions, as well as those who believe in no religion at all".

However, it is worth noting that the drafting history of the Religion Clauses shows that the framers rejected a formulation that would have expanded protections to atheists.

The Free Exercise Clause

Atheism is protected by the First Amendment, which prohibits the government from punishing citizens for professing and exercising their religious beliefs, including a lack of religious belief. The Establishment Clause prohibits the government from establishing a government-sponsored house of worship or showing preference to one or all religions by passing laws to favour religion, or by forcing citizens to profess belief in religion or attend religious services. This protects atheists from being forced to participate in government-sponsored religion and from government reprisal if they do not participate.

In 1963, Madalyn Murray O'Hair and her two sons posed in front of the Supreme Court. Ms O'Hair was an atheist whose lawsuit led to the landmark 1963 Supreme Court decision outlawing public school prayer.

The relationship between atheists and the First Amendment is a curious one. The Establishment Clause not only prohibits governments from directly establishing a religion, but also prohibits them from favouring one religion over another or religion over non-religion. In other words, governments must treat atheism like a religion for the purposes of the First Amendment.

The Constitution is a legal document, and the common, legal usage of terms when it was adopted is highly persuasive evidence. Blackstone's Commentaries, published in the 1770s and widely in use in the colonies, has an entire chapter entitled "Of Offenses Against God and Religion". Foremost among those are laws forbidding atheism and other non-theistic heresies. Religion was understood to be inextricably linked to theism. Similarly, Noah Webster's first compilation of American English in 1823 defined religion as involving the worship of God (and modern dictionaries in their listings do the same as the most common definition). There is further proof from the drafting history of the Religion Clauses, as the framers during the debates rejected a formulation that would have expanded protections to atheists.

Atheism as a religion

Atheism is protected by the First Amendment. The First Amendment prohibits the government from punishing citizens for professing and exercising their religious beliefs, including a lack of religious belief. The Establishment Clause prohibits the government from establishing a government-sponsored house of worship or showing preference to one or all religions by passing laws to favour religion, or by forcing citizens to profess belief in religion or attend religious services. This protects atheists from being forced to participate in government-sponsored religion and from government reprisal if atheists did not participate. The Free Exercise Clause also means that the government may not express a preference for "religion over irreligion".

The relationship between atheists and the First Amendment is a curious one. The Establishment Clause not only prohibits governments from directly establishing a religion, but also prohibits them from favouring one religion over another or religion over non-religion. In other words, governments must treat atheism like a religion for the purposes of the First Amendment.

However, the Constitution is a legal document, and the common, legal usage of terms when it was adopted are highly persuasive evidence. Blackstone's Commentaries, published in the 1770s and widely in use in the colonies, has an entire chapter entitled "Of Offenses Against God and Religion". Foremost among those are laws forbidding atheism and other non-theistic heresies. Religion was understood to be inextricably linked to theism. Similarly, Noah Webster's first compilation of American English in 1823 defined religion as involving the worship of God (and modern dictionaries in their listings do the same as the most common definition). There is further proof from the drafting history of the Religion Clauses, as the framers during the debates rejected a formulation that would have expanded protections to atheists.

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The First Amendment

Atheism is protected by the First Amendment. The First Amendment prohibits the government from punishing citizens for professing and exercising their religious beliefs, including a lack of religious belief. This means that 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 favour religion, or by forcing citizens to profess belief in religion or attend religious services. This protects atheists from being forced to participate in government-sponsored religion and from government reprisal if atheists did not participate. The Supreme Court has held the Free Exercise Clause to mean that the government may not express a preference for "religion over irreligion".

The relationship between atheists and the First Amendment is a curious one. The Establishment Clause not only prohibits governments from directly establishing a religion, but also prohibits them from favouring one religion over another or religion over non-religion. In other words, governments must treat atheism like a religion for the purposes of the First Amendment.

The Constitution is a legal document, and the common, legal usage of terms when it was adopted are highly persuasive evidence. Blackstone's Commentaries, published in the 1770s and widely in use in the colonies, has an entire chapter entitled "Of Offenses Against God and Religion". Foremost among those are laws forbidding atheism and other non-theistic heresies. Religion was understood to be inextricably linked to theism. Similarly, Noah Webster's first compilation of American English in 1823 defined religion as involving the worship of God (and modern dictionaries in their listings do the same as the most common definition). There is further proof from the drafting history of the Religion Clauses, as the framers during the debates rejected a formulation that would have expanded protections to atheists.

Atheism and the Supreme Court

Atheism is protected by the First Amendment, which prohibits the government from punishing citizens for professing and exercising their religious beliefs, including a lack of religious belief. The Establishment Clause prohibits the government from establishing a government-sponsored house of worship or showing preference to one or all religions by passing laws to favour religion, or by forcing citizens to profess belief in religion or attend religious services. This protects atheists from being forced to participate in government-sponsored religion and from government reprisal if they do not participate.

The Supreme Court has held the Free Exercise Clause to mean that the government may not express a preference for "religion over irreligion". In 2005, Justice O'Connor, concurring with the majority's conclusions in McCreary County v. ACLU, was explicit: "The Religion Clauses... protect adherents of all religions, as well as those who believe in no religion at all". The statements in McCreary County were not the first time the Supreme Court had noted the First Amendment's protections extend to atheists.

In 1963, Madalyn Murray O'Hair, an atheist, led a lawsuit that resulted in the Supreme Court outlawing public school prayer. This was a landmark decision that further established the protection of atheism under the First Amendment.

While atheism is protected by the First Amendment, it is important to note that the drafting history of the Religion Clauses reveals that the framers rejected a formulation that would have expanded protections to atheists. Additionally, Blackstone's Commentaries, published in the 1770s and widely used in the colonies, included a chapter entitled "Of Offenses Against God and Religion," which listed laws forbidding atheism and other non-theistic heresies.

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