In his inaugural address, President Obama said “we are a nation of Christians and Muslims, Jews and Hindus—and nonbelievers.” This panel will address the relationship between nonbelievers and the First Amendment, including its speech and religion aspects. Today, arguably, that relationship has become particularly fraught because of increased government support of mild religiosity. With regard to aid, think of President Obama’s proposal to continue and perhaps expand the faith-based initiatives program. And with regard to government expression, consider officials’ strong endorsement of the Pledge of Allegiance, the national motto “In God We Trust,” and legislative prayer. Before long, the Supreme Court will likely address the constitutionality of these forms of governmental support for generic observance. That inquiry will draw the Justices into difficult questions concerning the constitutional status of nonbelievers: Are nonbelievers excluded by government support of religiosity? If so, can they craft challenges based on the religion clauses of the First Amendment, which purport to protect the free exercise of “religion” alone? If they are not properly seen to be excluded, is that because non-belief should be considered a form of American faithfulness? The Court may also find itself addressing related matters, such as whether nonbelievers qualify for exemptions from general laws in the same way as traditional believers sometimes do and, finally and most generally, whether the Constitution requires or permits religion to be acknowledged and protected as a distinctive dimension of human flourishing.
Business Meeting at Program Conclusion.