2006-11-13 15:20:58 · 4 answers · asked by melanie m 1 in Politics & Government ➔ Law & Ethics
Yup! Even though atheism isn't a religion, they can still challenge state action.
Pretty much, the First Amendment states that a person has the right to believe as they chose. Since atheists believe that God(or any deity) doesn't exist, they have that right and it's guaranteed by the First Amendment.
The second part of the First Amendment also states that the government can't establish a state religion. Doing so would violate the first part and, in the case of an atheist, would force them to believe in a God(or any other deity) they don't truly believe in.
Just like the government can't tell a religious person what NOT to believe in, it can't tell an atheist what TO believe in. Each person is an individual with individual thoughts and feelings and beliefs that can't be taken away by anyone, so both are guaranteed their beliefs and protected from ever having their beliefs violated by the government.
So yes, an atheist can properly challenge action based on the First Amendment.
2006-11-14 08:25:30 · answer #1 · answered by Ophelia 6 · 0⤊ 0⤋
Of course -- so could a christian, a muslim, or a buddhist. Or any other citizen.
The challenge is that the law or statute or action in question is unconstitutional according to the establishment or free exercise clauses -- you don't have to show "harm" to challenge constitutionality.
2006-11-13 15:26:39 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If you've got the money, you'll find an attorney to challenge anything your heart desires.
2006-11-13 15:27:41 · answer #3 · answered by Yak Rider 4 · 0⤊ 0⤋
Yes, in that sense atheism is considered a religion.
2006-11-13 15:27:07 · answer #4 · answered by stevejensen 4 · 0⤊ 0⤋