Emory International Law Review Volume 27 Issue 1 2013 Redefining A" theism" in America: What the United States Could Learn From Europe's Protection of Atheists Alan Payne Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Alan Payne, Redefining A" theism" in America: What the United States Could Learn From Europe's Protection of Atheists, 27 Emory Int'l L. Rev. 661 (2013). Available at: https://scholarlycommons.law.emory.edu/eilr/vol27/iss1/14 This Comment is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact
[email protected]. PAYNE GALLEYSPROOFS1 7/2/2013 1:01 PM REDEFINING “ATHEISM” IN AMERICA: WHAT THE UNITED STATES COULD LEARN FROM EUROPE’S PROTECTION OF ATHEISTS ABSTRACT There continues to be a pervasive and persistent stigma against atheists in the United States. The current legal protection of atheists is largely defined by the use of the Establishment Clause to strike down laws that reinforce this stigma or that attempt to deprive atheists of their rights. However, the growing atheist population, a religious pushback against secularism, and a neo- Federalist approach to the religion clauses in the Supreme Court could lead to the rights of atheists being restricted. This Comment suggests that the United States could look to the legal protections of atheists in Europe. Particularly, it notes the expansive protection of belief, thought, and conscience and some forms of establishment.