Discrimination Against Atheists - Contemporary Era - Western Countries - United States

United States

Discrimination against atheists in the United States occurs in legal, personal, social, and professional contexts. Some American atheists compare their situation to the discrimination faced by ethnic minorities, LGBT communities, and women. "Americans still feel it's acceptable to discriminate against atheists in ways considered beyond the pale for other groups," asserted Fred Edwords of the American Humanist Association. However, other atheists reject these comparisons, arguing that while atheists may face disapproval they have not faced significant oppression or discrimination.

In the United States, six state constitutions officially include religious tests that would effectively prevent atheists from holding public office, and in some cases being a juror/witness, though these have not generally been enforced since the early nineteenth century. The U.S. Constitution allows for an affirmation instead of an oath in order to accommodate atheists and others in court or seeking to hold public office. In 1961, the United States Supreme Court explicitly overturned the Maryland provision in the Torcaso v. Watkins decision, holding that laws requiring "a belief in the existence of God" in order to hold public office violated freedom of religion provided for by the First Amendment to the United States Constitution. This decision is generally understood to also apply to witness oaths.

Several American atheists have used court challenges to assert discrimination against atheists. Michael Newdow challenged inclusion of the phrase "under God" in the United States Pledge of Allegiance on behalf of his daughter, claiming that the phrase was discriminatory against non-theists. He won the case at an initial stage, but the Supreme Court dismissed his claim, ruling that Newdow did not have standing to bring his case, thus disposing of the case without ruling on the constitutionality of the pledge. Respondents to a survey were less likely to support a kidney transplant for hypothetical atheists and agnostics needing it, than for Christian patients with similar medical needs. As the Boy Scouts of America does not allow atheists as members, atheist families and the ACLU from the 1990s onwards have launched a series of court cases arguing discrimination against atheists. In response to ACLU lawsuits, the Pentagon in 2004 ended sponsorship of Scouting units, and in 2005 the BSA agreed to transfer all Scouting units out of government entities such as public schools.

Few politicians have been willing to identify as non-theists, since until recently such revelations would have been considered "political suicide", until Democratic California Representative Pete Stark's 2007 decision to come out as the first openly nontheistic member of Congress. In 2009, City Councilman Cecil Bothwell of Asheville, North Carolina was called "unworthy of his seat" because of his open atheism. Several polls have shown that about 50 percent of Americans would not vote for a qualified atheist for president. A 2006 study found that 40% of respondents characterized atheists as a group that did "not at all agree with my vision of American society", and that 48% would not want their child to marry an atheist. In both studies, percentages of disapproval of atheists were above those for Muslims, African-Americans and homosexuals. Many of the respondents associated atheism with immorality, including criminal behaviour, extreme materialism, and elitism. Atheists and atheist organizations have alleged discrimination against atheists in the military, and recently, with the development of the Army's Comprehensive Soldier Fitness program, atheists have alleged institutionalized discrimination. In several child custody court rulings, atheist parents have been discriminated against, either directly or indirectly. As child custody laws in the United States, are often based on the "best interests of the child" principle, they leave family court judges ample room to consider a parent’s ideology when settling a custody case. Atheism, lack of religious observation and regular church attendance, and the inability to prove one's willingness and capacity to attend to religion with his children, have been used to deny custody to non-religious parents.

Prominent atheists and atheist groups have said that discrimination against atheists is illustrated by a statement reportedly made by George H. W. Bush during a public press conference just after announcing his candidacy for the presidency in 1987. When asked by journalist Robert Sherman about the equal citizenship and patriotism of American atheists, Sherman reported that Bush answered, "No, I don't know that atheists should be regarded as citizens, nor should they be regarded as patriotic. This is one nation under God." However, Sherman did not tape the exchange and no other journalist reported on it at the time. George H. W. Bush's son, George W. Bush, acknowledged those who do not worship during a November 3, 2004 press conference when he said "I will be your president regardless of your faith... And if they choose not to worship, they're just as patriotic as your neighbor."

The constitutions of these seven US states ban atheists from holding public office:

Arkansas:

"No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any Court."

Maryland:

"That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution.”

Mississippi:

"No person who denies the existence of a Supreme Being shall hold any office in this state."

North Carolina:

"The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God."

South Carolina:

"No person who denies the existence of a Supreme Being shall hold any office under this Constitution."

Tennessee:

"No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state."

Texas:

"No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."

An eighth state constitution discriminates against atheists by affording special protection to theists only.

Pennsylvania:

"No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth."