'atheism is a religion'? legal test



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Topic: Religions > Atheism
User: "Ron Baker, Pluralitas!"
Date: 05 Mar 2005 02:18:59 PM
Object: 'atheism is a religion'? legal test
I did some research on the topic for another thread.
I thought the legal things I found might be of
general interest.
It seems that charities
can obtain the same exemptions as religious organizations
(in California at least).
The code is long, intertwined, and complicated.
Maybe there is a hidden catch somewhere but it
looks like charities have the same status.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=00001-01000&file=201-241
"214. (a) Property used exclusively for religious, hospital,
scientific, or charitable purposes owned and operated by community
chests, funds, foundations, limited liability companies, or
corporations organized and operated for religious, hospital,
scientific, or charitable purposes is exempt from taxation,...."
So that doesn't bear much on the 'atheism is a religion' issue.
So researching the 'atheism is a religion' issue found this:
(found on The Hawai'i Cannabis Ministry site. :)
http://www.thc-ministry.org/unitedstatesvsmeyers.html
PUBLISH
UNITED STATES COURT OF APPEALS
Filed 9/6/96
FOR THE TENTH CIRCUIT
______
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
)
v. ) No. 95-8079
)
DAVID MEYERS, )
)
Defendant-Appellant. )
______
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
(D.C. No. 95-CR-58)
______
.........................
Keeping in mind that the threshold for establishing the
religious nature of his beliefs is low, the court considered the
following factors:
1. Ultimate Ideas: Religious beliefs often address
fundamental questions about life, purpose, and death. As
one court has put it, "a religion addresses fundamental
and ultimate questions having to do with deep and
imponderable matters." Africa, 662 F.2d at 1032. These
matters may include existential matters, such as man's
sense of being; teleological matters, such as man's
purpose in life; and cosmological matters, such as man's
place in the universe.
2. Metaphysical Beliefs: Religious beliefs often are
"metaphysical," that is, they address a reality which
transcends the physical and immediately apparent world.
Adherents to many religions believe that there is another
dimension, place, mode, or temporality, and they often
believe that these places are inhabited by spirits,
souls, forces, deities, and other sorts of inchoate or
intangible entities.
3. Moral or Ethical System: Religious beliefs often
prescribe a particular manner of acting, or way of life,
that is "moral" or "ethical." In other words, these
beliefs often describe certain acts in normative terms,
such as "right and wrong," "good and evil," or "just and
unjust." The beliefs then proscribe those acts that are
"wrong," "evil," or "unjust." A moral or ethical belief
structure also may create duties -- duties often imposed
(2) The district court "gleaned" many of these
factors from
the following cases: Africa v. Commonwealth of Pa., 662 F.2d 1025
(3rd Cir. 1981), cert. denied, 456 U.S. 908 (1982); Malnak v.
Yogi, 592 F.2d 197 (3rd Cir. 1979);
-------------------------------------------
So reviewing the factors:
1. One could argue atheism exhibits factor 1. It addresses fundamental
questions like our purpose (none in particular) and our place in the
universe (Bumfuck, Earth).
2. Atheism would appear to be square opposed to factor 2.
(It is for me but I don't speak for all atheists.)
3. One could argue that atheism exhibits factor 3. We all pretty
much agree that it is wrong to regard as evil people who don't believe
that God killed himself to save us from himself.
It could be debated. (Hell, anything can be debated.)
But of course debate doesn't have the weight of a court decision.
Actually there might be advantage in being considered a religion.
There might be some protection. No doubt there are those
out there who want to discriminate against atheists... and might rationalize
that it is not religious discrimination because atheist have no religion.
Is atheism a creed if not a religion?
It is important to emphasize the difference between atheism
and secularism. Demanding the government be secular
protects atheists and traditional religions alike. Yes, we press for
secularism
for our protection but we are not trying to establish atheism.
If we were trying to establish atheism we would be demanding
the pledge be 'under no god'.
--
rb #2187
.

User: ""

Title: Re: 'atheism is a religion'? legal test 06 Mar 2005 12:39:10 PM
Ron Baker, Pluralitas! wrote:

I did some research on the topic for another thread.
I thought the legal things I found might be of
general interest.

It seems that charities
can obtain the same exemptions as religious organizations
(in California at least).
The code is long, intertwined, and complicated.
Maybe there is a hidden catch somewhere but it
looks like charities have the same status.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=00001-01000&file=201-241

"214. (a) Property used exclusively for religious, hospital,
scientific, or charitable purposes owned and operated by community
chests, funds, foundations, limited liability companies, or
corporations organized and operated for religious, hospital,
scientific, or charitable purposes is exempt from taxation,...."

So that doesn't bear much on the 'atheism is a religion' issue.

So researching the 'atheism is a religion' issue found this:

(found on The Hawai'i Cannabis Ministry site. :)

http://www.thc-ministry.org/unitedstatesvsmeyers.html

PUBLISH

UNITED STATES COURT OF APPEALS
Filed 9/6/96
FOR THE TENTH CIRCUIT
______

UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
)
v. ) No. 95-8079
)
DAVID MEYERS, )
)
Defendant-Appellant. )
______

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
(D.C. No. 95-CR-58)
______

........................


Keeping in mind that the threshold for establishing the

religious nature of his beliefs is low, the court considered

the


following factors:

1. Ultimate Ideas: Religious beliefs often address
fundamental questions about life, purpose, and death.

As

one court has put it, "a religion addresses fundamental
and ultimate questions having to do with deep and
imponderable matters." Africa, 662 F.2d at 1032.

These

matters may include existential matters, such as man's
sense of being; teleological matters, such as man's
purpose in life; and cosmological matters, such as

man's

place in the universe.

2. Metaphysical Beliefs: Religious beliefs often are
"metaphysical," that is, they address a reality which
transcends the physical and immediately apparent world.
Adherents to many religions believe that there is

another

dimension, place, mode, or temporality, and they often
believe that these places are inhabited by spirits,
souls, forces, deities, and other sorts of inchoate or
intangible entities.

3. Moral or Ethical System: Religious beliefs often
prescribe a particular manner of acting, or way of

life,

that is "moral" or "ethical." In other words, these
beliefs often describe certain acts in normative terms,
such as "right and wrong," "good and evil," or "just

and

unjust." The beliefs then proscribe those acts that

are

"wrong," "evil," or "unjust." A moral or ethical

belief

structure also may create duties -- duties often

imposed

(2) The district court "gleaned" many of these
factors from
the following cases: Africa v. Commonwealth of Pa., 662 F.2d

1025

(3rd Cir. 1981), cert. denied, 456 U.S. 908 (1982); Malnak

v.

Yogi, 592 F.2d 197 (3rd Cir. 1979);

-------------------------------------------

So reviewing the factors:

1. One could argue atheism exhibits factor 1. It addresses

fundamental

questions like our purpose (none in particular) and our place in the
universe (Bumfuck, Earth).

2. Atheism would appear to be square opposed to factor 2.
(It is for me but I don't speak for all atheists.)

3. One could argue that atheism exhibits factor 3. We all pretty
much agree that it is wrong to regard as evil people who don't

believe

that God killed himself to save us from himself.


It could be debated. (Hell, anything can be debated.)
But of course debate doesn't have the weight of a court decision.
Actually there might be advantage in being considered a religion.
There might be some protection. No doubt there are those
out there who want to discriminate against atheists... and might

rationalize

that it is not religious discrimination because atheist have no

religion.


Is atheism a creed if not a religion?

It is important to emphasize the difference between atheism
and secularism. Demanding the government be secular
protects atheists and traditional religions alike. Yes, we press for
secularism
for our protection but we are not trying to establish atheism.
If we were trying to establish atheism we would be demanding
the pledge be 'under no god'.

--
rb #2187

Legally tomatoes are vegetables (for tax purposes). But really they are
fruit.
.
User: "Billy Chan"

Title: Re: 'atheism is a religion'? legal test 06 Mar 2005 11:22:33 PM
If atheism is a religion...
Not collecting stamps is a hobby.
<chris_h_fleming@yahoo.com> wrote in message
news:1110134350.800917.277270@g14g2000cwa.googlegroups.com...

Ron Baker, Pluralitas! wrote:

I did some research on the topic for another thread.
I thought the legal things I found might be of
general interest.

It seems that charities
can obtain the same exemptions as religious organizations
(in California at least).
The code is long, intertwined, and complicated.
Maybe there is a hidden catch somewhere but it
looks like charities have the same status.


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=rtc&group=00001-01000&file=201-241

"214. (a) Property used exclusively for religious, hospital,
scientific, or charitable purposes owned and operated by community
chests, funds, foundations, limited liability companies, or
corporations organized and operated for religious, hospital,
scientific, or charitable purposes is exempt from taxation,...."

So that doesn't bear much on the 'atheism is a religion' issue.

So researching the 'atheism is a religion' issue found this:

(found on The Hawai'i Cannabis Ministry site. :)

http://www.thc-ministry.org/unitedstatesvsmeyers.html

PUBLISH

UNITED STATES COURT OF APPEALS
Filed 9/6/96
FOR THE TENTH CIRCUIT
______

UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
)
v. ) No. 95-8079
)
DAVID MEYERS, )
)
Defendant-Appellant. )
______

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
(D.C. No. 95-CR-58)
______

........................


Keeping in mind that the threshold for establishing the

religious nature of his beliefs is low, the court considered

the


following factors:

1. Ultimate Ideas: Religious beliefs often address
fundamental questions about life, purpose, and death.

As

one court has put it, "a religion addresses fundamental
and ultimate questions having to do with deep and
imponderable matters." Africa, 662 F.2d at 1032.

These

matters may include existential matters, such as man's
sense of being; teleological matters, such as man's
purpose in life; and cosmological matters, such as

man's

place in the universe.

2. Metaphysical Beliefs: Religious beliefs often are
"metaphysical," that is, they address a reality which
transcends the physical and immediately apparent world.
Adherents to many religions believe that there is

another

dimension, place, mode, or temporality, and they often
believe that these places are inhabited by spirits,
souls, forces, deities, and other sorts of inchoate or
intangible entities.

3. Moral or Ethical System: Religious beliefs often
prescribe a particular manner of acting, or way of

life,

that is "moral" or "ethical." In other words, these
beliefs often describe certain acts in normative terms,
such as "right and wrong," "good and evil," or "just

and

unjust." The beliefs then proscribe those acts that

are

"wrong," "evil," or "unjust." A moral or ethical

belief

structure also may create duties -- duties often

imposed

(2) The district court "gleaned" many of these
factors from
the following cases: Africa v. Commonwealth of Pa., 662 F.2d

1025

(3rd Cir. 1981), cert. denied, 456 U.S. 908 (1982); Malnak

v.

Yogi, 592 F.2d 197 (3rd Cir. 1979);

-------------------------------------------

So reviewing the factors:

1. One could argue atheism exhibits factor 1. It addresses

fundamental

questions like our purpose (none in particular) and our place in the
universe (Bumfuck, Earth).

2. Atheism would appear to be square opposed to factor 2.
(It is for me but I don't speak for all atheists.)

3. One could argue that atheism exhibits factor 3. We all pretty
much agree that it is wrong to regard as evil people who don't

believe

that God killed himself to save us from himself.


It could be debated. (Hell, anything can be debated.)
But of course debate doesn't have the weight of a court decision.
Actually there might be advantage in being considered a religion.
There might be some protection. No doubt there are those
out there who want to discriminate against atheists... and might

rationalize

that it is not religious discrimination because atheist have no

religion.


Is atheism a creed if not a religion?

It is important to emphasize the difference between atheism
and secularism. Demanding the government be secular
protects atheists and traditional religions alike. Yes, we press for
secularism
for our protection but we are not trying to establish atheism.
If we were trying to establish atheism we would be demanding
the pledge be 'under no god'.

--
rb #2187


Legally tomatoes are vegetables (for tax purposes). But really they are
fruit.

.
User: "Harry F. Leopold"

Title: Re: 'atheism is a religion'? legal test 07 Mar 2005 11:39:21 AM
On Sun, 6 Mar 2005 23:22:33 -0600, Billy Chan wrote
(in article <tyRWd.4328037$f47.776094@news.easynews.com>):

If atheism is a religion... Not collecting stamps is a hobby.

We have had a moron make exactly that claim, that not collecting stamps is a
hobby. (I think it was Roy Jose Lorr, but it could have been Duncan, within
the last week or so.)
--
Harry F. Leopold
aa #2076
AA/Vet #4
The Prints of Darkness
(remove gene to email)
The Internet is full, we can not accept any more posts until further
notice. Thank you. - Kalinka Djnepropetrovska
.
User: "Phÿltêr"

Title: Re: 'atheism is a religion'? legal test 08 Mar 2005 08:40:05 AM
Harry F. Leopold <hleopold@coxyx.net> astounded us with:
news:0001HW.BE51EDE90066D1A2F02845B0@news.central.cox.net:

On Sun, 6 Mar 2005 23:22:33 -0600, Billy Chan wrote
(in article <tyRWd.4328037$f47.776094@news.easynews.com>):

If atheism is a religion... Not collecting stamps is a hobby.


We have had a moron make exactly that claim, that not collecting stamps
is a hobby. (I think it was Roy Jose Lorr, but it could have been
Duncan, within the last week or so.)

with logic like that, I don't have time for all the hobbies I have, that I
don't have, like not collecting stamps...
--
Phÿltêr
AA#1938
Denizen of Darkness #44 & AFJC Antipodean Attaché
Remove "s" to respond
.
User: "Harry F. Leopold"

Title: Re: 'atheism is a religion'? legal test 08 Mar 2005 11:16:45 AM
On Tue, 8 Mar 2005 08:40:05 -0600, Phÿltêr wrote
(in article <9PiXd.189467$K7.135536@news-server.bigpond.net.au>):

Harry F. Leopold <hleopold@coxyx.net> astounded us with:
news:0001HW.BE51EDE90066D1A2F02845B0@news.central.cox.net:

On Sun, 6 Mar 2005 23:22:33 -0600, Billy Chan wrote
(in article <tyRWd.4328037$f47.776094@news.easynews.com>):

If atheism is a religion... Not collecting stamps is a hobby.


We have had a moron make exactly that claim, that not collecting stamps
is a hobby. (I think it was Roy Jose Lorr, but it could have been
Duncan, within the last week or so.)


with logic like that, I don't have time for all the hobbies I have, that I
don't have, like not collecting stamps...

I do have a hobby, astronomy, that I have not been doing, but that is because
it is, and has been for months, overcast. But I doubt that is what he meant.
(I work nights, and it seems that ever night I am off work it is cloudy, or
so damned cold that it would freeze the tits off a polar bear. I may be
crazy, but I am not THAT crazy.)
--
Harry F. Leopold
aa #2076
AA/Vet #4
The Prints of Darkness
(remove gene to email)
"Jesus loves you, but Cthulu thinks you're part of a nutritious
breakfast."-Dr. Smartass
.





User: "Mike Painter"

Title: Re: 'atheism is a religion'? legal test 05 Mar 2005 09:12:30 PM
Ron Baker, Pluralitas! wrote:

I did some research on the topic for another thread.
I thought the legal things I found might be of
general interest.

It seems that charities
can obtain the same exemptions as religious organizations
(in California at least).

If youre talking about non-profit status in California there is no need for
any orginazation to be religious.
Corporation codes
5005.1.
....
(f) For the purpose of this section, an authorized "corporation"
means any corporation that meets all of the following criteria:
(1) Is organized chiefly to provide or fund health or human
services, but does not include a hospital.
(2) Is exempt from taxation under paragraph (3) of subsection (c)
of Section 501 of the United States Internal Revenue Code.

So researching the 'atheism is a religion' issue found this:

(found on The Hawai'i Cannabis Ministry site. :)

http://www.thc-ministry.org/unitedstatesvsmeyers.html

PUBLISH

UNITED STATES COURT OF APPEALS
Filed 9/6/96
FOR THE TENTH CIRCUIT
______

UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
)
v. ) No. 95-8079
)
DAVID MEYERS, )
)
Defendant-Appellant. )
______

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
(D.C. No. 95-CR-58)
______

........................


Keeping in mind that the threshold for establishing the

religious nature of his beliefs is low, the court considered
the

following factors:

1. Ultimate Ideas: Religious beliefs often address
fundamental questions about life, purpose, and death. As
one court has put it, "a religion addresses fundamental
and ultimate questions having to do with deep and
imponderable matters." Africa, 662 F.2d at 1032. These
matters may include existential matters, such as man's
sense of being; teleological matters, such as man's
purpose in life; and cosmological matters, such as man's
place in the universe.

2. Metaphysical Beliefs: Religious beliefs often are
"metaphysical," that is, they address a reality which
transcends the physical and immediately apparent world.
Adherents to many religions believe that there is another
dimension, place, mode, or temporality, and they often
believe that these places are inhabited by spirits,
souls, forces, deities, and other sorts of inchoate or
intangible entities.

3. Moral or Ethical System: Religious beliefs often
prescribe a particular manner of acting, or way of life,
that is "moral" or "ethical." In other words, these
beliefs often describe certain acts in normative terms,
such as "right and wrong," "good and evil," or "just and
unjust." The beliefs then proscribe those acts that are
"wrong," "evil," or "unjust." A moral or ethical belief
structure also may create duties -- duties often imposed
(2) The district court "gleaned" many of these
factors from
the following cases: Africa v. Commonwealth of Pa., 662 F.2d
1025 (3rd Cir. 1981), cert. denied, 456 U.S. 908 (1982);
Malnak v. Yogi, 592 F.2d 197 (3rd Cir. 1979);

-------------------------------------------

So reviewing the factors:

1. One could argue atheism exhibits factor 1. It addresses
fundamental questions like our purpose (none in particular) and our
place in the universe (Bumfuck, Earth).

2. Atheism would appear to be square opposed to factor 2.
(It is for me but I don't speak for all atheists.)

3. One could argue that atheism exhibits factor 3. We all pretty
much agree that it is wrong to regard as evil people who don't believe
that God killed himself to save us from himself.

You could argue it but the suit defines qualities of some religious beliefs.
This does not mean that no religious beliefs may not have the same
qualities.
You are arguing that all animals are dogs.
All Animals have four legs
All dogs have four legs
Therefore all animals are dogs.
You are arguing that all an
.
User: "Ron Baker, Pluralitas!"

Title: Re: 'atheism is a religion'? legal test 06 Mar 2005 09:48:25 AM
"Mike Painter" <mddotpainter@sbcglobal.net> wrote in message
news:yyuWd.4416$C47.4194@newssvr14.news.prodigy.com...

Ron Baker, Pluralitas! wrote:

I did some research on the topic for another thread.
I thought the legal things I found might be of
general interest.

It seems that charities
can obtain the same exemptions as religious organizations
(in California at least).


If youre talking about non-profit status in California there is no need

for

any orginazation to be religious.

I believe that is what I said.
<snip>

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
UNITED STATES OF AMERICA, )
v. ) No. 95-8079
DAVID MEYERS, )

..............
Keeping in mind that the threshold for establishing the

religious nature of his beliefs is low, the court considered
the

following factors:

1. Ultimate Ideas: Religious beliefs often address
fundamental questions about life, purpose, and death. As
one court has put it, "a religion addresses fundamental
and ultimate questions having to do with deep and
imponderable matters." Africa, 662 F.2d at 1032. These
matters may include existential matters, such as man's
sense of being; teleological matters, such as man's
purpose in life; and cosmological matters, such as man's
place in the universe.

2. Metaphysical Beliefs: Religious beliefs often are
"metaphysical," that is, they address a reality which
transcends the physical and immediately apparent world.
Adherents to many religions believe that there is another
dimension, place, mode, or temporality, and they often
believe that these places are inhabited by spirits,
souls, forces, deities, and other sorts of inchoate or
intangible entities.

3. Moral or Ethical System: Religious beliefs often
prescribe a particular manner of acting, or way of life,
that is "moral" or "ethical." In other words, these
beliefs often describe certain acts in normative terms,
such as "right and wrong," "good and evil," or "just and
unjust." The beliefs then proscribe those acts that are
"wrong," "evil," or "unjust." A moral or ethical belief
structure also may create duties -- duties often imposed
(2) The district court "gleaned" many of these
factors from
the following cases: Africa v. Commonwealth of Pa., 662 F.2d
1025 (3rd Cir. 1981), cert. denied, 456 U.S. 908 (1982);
Malnak v. Yogi, 592 F.2d 197 (3rd Cir. 1979);

-------------------------------------------

So reviewing the factors:

1. One could argue atheism exhibits factor 1. It addresses
fundamental questions like our purpose (none in particular) and our
place in the universe (Bumfuck, Earth).

2. Atheism would appear to be square opposed to factor 2.
(It is for me but I don't speak for all atheists.)

3. One could argue that atheism exhibits factor 3. We all pretty
much agree that it is wrong to regard as evil people who don't believe
that God killed himself to save us from himself.

You could argue it but the suit defines qualities of some religious

beliefs.

This does not mean that no religious beliefs may not have the same
qualities.
You are arguing that all animals are dogs.
All Animals have four legs
All dogs have four legs
Therefore all animals are dogs.
You are arguing that all an

Late at night, was it?
The court listed 3 factors in establishing a belief
as religious.
I stated that the general view (and my view) is that atheism is
quite contrary to the second of those factors.
There are two main things I was doing with the original
post: publish an official legal definition of religion and
emphasize that secularism is not atheism.
(We've all heard the fallacious argument that secularizing
the government is in effect establishing atheism.)
--
rb #2187
.


User: "Tukla Ratte"

Title: Re: 'atheism is a religion'? legal test 11 Mar 2005 03:45:19 PM
Ron Baker, Pluralitas! wrote:

I did some research on the topic for another thread.
I thought the legal things I found might be of
general interest.

It seems that charities
can obtain the same exemptions as religious organizations
(in California at least).

The charities, however, have to keep close track of their finances so
they can "prove" their continued non-profit status, and their books must
be made public. Religious organizations can keep their books closed,
even from the IRS.
< snip >
--
Tukla, Eater of Theists, Squeaker of Chew Toys
Official Mascot of Alt.Atheism, aa 1347
.


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