Atheism Is Protected As a Religion, says Court For the purposes of protection under the First Amendment, the U.S. Court of
Appeals for the Second Circuit (May 13, 1997), decided the Orange County N.Y.
Department of Probation could not force Robert Warner, an atheist, to attend
religion-based alcoholic treatment programs against the dictates of his own
beliefs.
"The district court agreed with Mr. Warner's argument that these meetings involved
a substantial religious element. Participants were told to "believe that a Power
greater than ourselves could restore us," and that they must "turn our will and
our lives over to the care of God as we understand him." In addition, the "Step"
program ordered those participating to "Admit to God ... the exact nature of our
wrongs," be "entirely ready to have God remove all these defects ... (and) ask Him
to remove our shortcomings," and to seek "through prayer and meditation to improve
our conscious contact with God, as we (understand) Him. The meetings were also
punctuated with frequent prayers of a Christian nature."
Four months into the program Mr. Warner complained that, as an Atheist, he found
the meetings objectionable due to their religious nature. It was then that his
probation officer determined that Warner lacked sufficient commitment to the idea
of learning the techniques of remaining sober, even though he apparently had not
been found in violation of his probation orders to remain sober!
"Attorneys for Mr. Warner relied on a number of legal precedents, including:" [refer to link]
http://www.atheists.org/flash.line/alanon1.htm Atheist Groups in Prison
But two years earlier,in the case of Kaufman v. McCaughtry, the 7th Circuit Court
of Appeals declared atheism a religion for purposes of protection under the
Establishment Clause. The court said prison officials violated an inmate's rights
because they did not treat atheism as a religion.
Atheism Is Protected As a Religion, says Court