British Court: Humanist Eligible to Sit on Advisory Council for Religious Education

In R (on the Application of Bowen) v. Kent County Council, (EWHC (Admin), May 26, 2023), a British High Court justice rejected a ruling of the Kent Conty Council regarding who is eligible for appointment to an advisory body on religious education in the county's schools. The court explained:

Mr Bowen sought to be appointed to join Group A of the Standing Advisory Council for Religious Education (‘SACRE’) of Kent County Council (‘KCC’). Pursuant to section 390(4)(a) of the Education Act 1996 (‘the 1996 Act’) ..., Group A is required to be ‘a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area.’ KCC refused to appoint Mr Bowen because, as a humanist, Mr Bowen does not represent ‘a religion or a denomination of a religion’....

 ... [T]he ability to be a representative of a particular relevant belief on a SACRE is (at the very least) more than tenuously connected with that core value, so as to bring the alleged discrimination through the prevention of membership of SACRE within the ambit of article 9 [of the European Convention on Human Rights]..

... [A] religious education curriculum must, in order to be compliant with the HRA [Human Rights Act] 1998, cover more than religious faith teaching. The content of religious education teaching must include, at least to some degree, the teaching of non-religious beliefs (such as humanism).... 

The court concluded in part:

Analysed properly, when looking at membership of a group the purpose of which is to advise upon the content of a religious education syllabus, it is obvious that all people who are holders of belief systems appropriate to be included within that syllabus are in an analogous position. It is in my view clearly discriminatory to exclude someone from SACRE Group A solely by reference to the fact that their belief, whilst appropriate to be included within the agreed syllabus for religious education, is a non-religious, rather than a religious, belief.

Law & Religion UK has a lengthier analysis of the decision.

9th Circuit Dismisses Suit After Prison Recognizes Humanism As Faith Group

In Espinosa v. Dzurenda,  (9th Cir., Aug. 22, 2019), the U.S. 9th Circuit Court of Appeals dismisse as moot a challenge to a prison’s failure to recognize Humanism as a Faith Group. While the appeal was pending, the prison changed its policy and permanently recognized Humanism on an equal basis with other faith groups.  Nevada Independent reports on the decision.

Establishment Clause Challenge To Drag Queen Storytime Dismissed

In Christopher v. Lawson, (SD TX, Jan. 3, 2018), a Texas federal district court dismissed a lawsuit that claimed the Houston Public Library's "Drag Queen Storytime" violates the Establishment Clause. Plaintiffs claimed that the program promotes secular humanism over other religions, including Christianity,  The court first held that plaintiffs lack standing. Because they avoided the event to protect their children, they suffered no harm.  The court held that they also lack taxpayer standing.  The court went on to find that even if plaintiffs had standing, they failed to show an Establishment Clause violation, saying in part:

Here, the plaintiffs argue that “Drag Queen Storytime” is a religious event because of an alleged connection between “Drag Queen Storytime,” the LGBTQ community, and secular humanism.... [E]ven accepting that secular humanism could be a religion for Establishment Clause purposes, the plaintiffs fail to allege any facts or basis showing that “Drag Queen Storytime” is a religious activity. There is no allegation that a reader discussed secular humanism at the event, or that any story the Library selected invoked secular humanism or any religion at all. The plaintiffs instead make only conclusory statements associating secular humanism with the event.

Houston Chronicle reports on the decision,

New Organization: Humanist Legal Society

In a press release last week, the American Humanist Association announced the launching of a new organization: the Humanist Legal Society:

The Humanist Legal Society’s aim is to provide a way for like-minded legal professionals—whether identifying as humanist, secular, atheist, agnostic, or something similar—to unite in advocating for principles consistent with the organization’s mission statement: the protection of civil liberties, strict separation of religion and government, legislation and public policies informed by sound scientific evidence, ethics in government and law enforcement, and respect for the diversity of individuals.

Here is a video of the organization's inaugural event. A link to the new organization's website has been added to the Religion Clause sidebar under "Advocacy Organizations." [Thanks to Bob Ritter for the lead.]

Northern Ireland Appeals Court Says Humanist Wedding Officiants Are Permitted

In In re Laura Smyth, (NI Ct. App., June 28, 2018), the Northern Ireland Court of Appeal held that the General Register Office should have granted a license under the Marriage (Northern Ireland) Order 2003 to a marriage celebrant to perform a Humanist marriage ceremony for a couple seeking it. Northern Ireland's marriage law has separate provisions for civil marriages and religious marriages. The appeals court held that it would violate the European Convention on Human Rights' conscience protections (Art. 9) and its anti-discrimination provisions (Art. 14) to deny the license.  The Humanist officiant should be licensed under the Section 31 of the Marriage Order. While that provision is usually the basis for appointing a person to solemnize a civil marriage, the Marriage Order should be read to allow the Humanist officiant to conduct a ceremony that includes readings supporting or promoting humanist beliefs. The full text of the decision is not yet available online, but a lengthy court-authorized Summary of Judgment is available. Irish Legal News reports on the decision.

Congressional Freethought Caucus Is Launched

In a press release yesterday, four members of the U.S. House of Representatives announced the formation of the Congressional Freethought Caucus.  The founders set out four goals for the new organization:

1) to promote public policy formed on the basis of reason, science, and moral values; 2) to protect the secular character of our government by adhering to the strict Constitutional principle of the separation of church and state; 3) to oppose discrimination against atheists, agnostics, humanists, seekers, religious and nonreligious persons, and to champion the value of freedom of thought and conscience worldwide; and 4) to provide a forum for members of Congress to discuss their moral frameworks, ethical values, and personal religious journeys.

The Caucus will be co-chaired by Representatives Jared Huffman (D-CA) and Jamie Raskin (D-MD).  Other founding members are Representatives Jerry McNerney (D-CA) and Dan Kildee (D-MI).

Navy Again Rejects Application To Become Secular Humanist Chaplain

Washington Examiner yesterday reported that for a second time the U.S. Navy has rejected the application of Jason Heap to become the Navy's first Secular Humanist chaplain. His application was first rejected in 2014 (see prior related posting), but more recently the Navy chaplain advisory board recommended approval. However 45 House members and 22 Senators wrote the Navy opposing approval.  Senator Richard Wicker, chairman of the Senate Armed Services Committee, applauded the Navy's rejection of Heap's application, saying:

The appointment of an atheist to an undeniably religious position is fundamentally incompatible with atheism’s secularism. This decision preserves the distinct religious role that our chaplains carry out.

Court Says Humanism Is Not A Religion

In Espinosa v. Stogner, (D NV, Dec. 4, 2017), a Nevada federal district court-- in a suit brought by a prisoner-- held that Humanism does not qualify as a "religion" for purposes of the Free Exercise or Establishment Clause.  The court reasoned in part:

The Court has no basis to doubt Plaintiff’s sincerity as to his professed beliefs and of course has no opinion as to the value of those beliefs, but the allegations in the FAC confirm that despite the title Plaintiff gives his belief system (“Religious Humanism”), it is not a religion for the purposes of the religion clauses. See Peloza v. Capistrano Unified Sch. Dist., 37 F.3d 517, 521 (9th Cir. 1994) ... (“[R]eligion is the ‘belief in and reverence for a supernatural power accepted as the creator and governor of the universe.’”).... Alvarado v. City of San Jose, 94 F.3d 1223, 1229 (9th Cir. 1996) ... (“We are hard put to imagine a more unworkable definition of religion ... for purposes of the Establishment Clause or Free Exercise than that which is offered here. Few governmental activities could escape censure under a constitutional definition of ‘religion’ which includes any symbol or belief to which an individual ascribes ‘serious or almost serious’ spiritual significance. ‘If anything can be religion, then anything the government does can be construed as favoring one religion over another, and . . . the government is paralyzed. . . .’ While the First Amendment must be held to protect unfamiliar and idiosyncratic as well as commonly recognized religions, it loses its sense and thus its ability to protect when carried to the extreme proposed by the plaintiffs.”).

Northern Ireland Court Says Humanist Wedding Ceremonies Must Be Recognized

According to Belfast News Letter, on Friday the Belfast, Northern Ireland High Court ruled that Humanist wedding ceremonies must be recognized, and that refusal to do so violates the European Convention on Human Rights.  The ruling came in the high profile planned marriage of football star Eunan O’Kane and model Laura Lacole. Authorities had told them that they would need a separate civil ceremony for legal recognition of their marriage.  The matter may not be finally settled however. Northern Ireland's Attorney General says he plans to appeal the High Court's decision.

Federal Prison System Agrees To Recognize Humanism As A Religious Belief

The American Humanist Association announced yesterday that it has entered an Enforceable Settlement Agreement (full text) with the Federal Bureau of Prisons in a suit brought by a federal prisoner in Oregon who sought to form a Humanist study group and have Humanism recognized as his religious affiliation. (See prior related posting.) The settlement agreement, applicable to the entire federal prison system, is summarized by the AHA in its press release:

Under the terms of the enforceable settlement, the Federal Bureau of Prisons will acknowledge humanism as a worldview that deserves the same recognition as theistic religious beliefs. The Manual on Inmate Beliefs and Practices will include a section on humanism, and inmates may identify as humanists for official assignment purposes. The prison will also authorize humanist study groups and permit humanist inmates to annually observe Darwin Day.

Suit Against Navy By Humanist Chaplain Applicant Can Proceed on Two Grounds

Heap v. Carter, (ED VA, July 1, 2015), is a suit brought by Dr. Jason Heap, a certified Humanist Celebrant, and The Humanist Society, his endorsing agency, challenging the U.S. Navy's denial of Heap's application to become a Navy Chaplain. Plaintiffs alleged that the Navy and Department of Defense have an unconstitutional policy of discrimination against Humanism.  In a 75-page opinion, a Virginia federal district court ultimately allowed Dr. Heap to move ahead with his Establishment Clause and Equal Protection/ Substantive Due Process challenges to the Navy and Department of Defense's actions.  However the court dismissed challenges brought under other parts of the 1st Amendment, the No Religious Test clause, and RFRA, dismissed The Humanist Society as a plaintiff for lack of standing and on ripeness grounds, and dismissed claims against the individual defendants.

Federal District Court Holds Humanism Is A Religion

In American Humanist Association v. United States, (D OR, Oct. 30, 2014), an Oregon federal district court held that "Humanism is a religion for Establishment Clause purposes," observing that "such a view is consistent with longstanding Supreme Court jurisprudence." The holding comes in a case in which a federal prisoner sought recognition of Humanism so the prison would create a Humanist study group.