Torcaso V. Watkins - "Secular Humanism" As Religion

"Secular Humanism" As Religion

It has occasionally been argued that the Supreme Court, in Torcaso v Watkins, "found" Secular Humanism to be a religion. This assertion is based on a reference, by Justice Black, in a footnote (number 11) to the court's finding, to court cases where organized groups of self-identified Humanists, or Ethicists, meeting on a regular basis to share and celebrate their beliefs, have been granted religious-based tax exemptions.

Justice Black's use of the term "secular humanism" in his footnote has been seized upon by some religious groups, such as those supporting causes such as teaching creationism in schools, as a "finding" that any secular or science-based activity is, in fact, religion.

However, such attempts to conflate non-religious, secular or scientific ideas and activities with religion have been explicitly rejected by subsequent courts, most notably Kitzmiller v. Dover Area School District, where U.S. District Judge John E. Jones III ruled that intelligent design is not science, that it "cannot uncouple itself from its creationist, and thus religious, antecedents", and that the school district's promotion of it therefore violated the Establishment Clause of the First Amendment to the U.S. Constitution (see Intelligent Design). In fact, prior to its use by Justice Black, the term "Secular Humanism" had never before been used in any court case, and it is unclear why Justice Black used the term in this instance, other than to perhaps emphasize the groups' non-belief in any divine force.