Remember, “Y is technically X” means “Y is not X, but I’m being disagreeable.”
In the U.S., when laws are stricken down as unconstitutional, they are not automatically repealed or removed from the statute books. They are just ignored and not enforced.
For instance, after the Supreme Court case Lawrence v. Texas, all state sodomy laws were ruled unconstitutional. However, the states don’t have to formally repeal them (which would require effort from their legislatures) — rather, those laws are simply considered null and void, unenforceable. Some states went and repealed them anyway, but Oklahoma, Kansas, and Texas have not.
So yes, there may be some states or towns that have laws on the books discriminating against atheists, or imposing punishments for blasphemy, or even requiring everyone to go to church. But because these laws are null and void under all sorts of court rulings, it is incorrect to say that atheism is illegal; just as it is incorrect to say that sodomy is illegal.
(There are certainly plenty of people — including many government officials, government school teachers, etc. — who discriminate against atheists, of course. And against Jehovah’s Witnesses, Wiccans, and other religious minorities.)
Now that I’ve tried explaining it, I’m worried my wording was dark artsy enough to warrant a retraction.
I’m pretty sure it’s survived mainly because no one ever bothered challenging it. To do so would require revealing one’s self as sympathetic to atheists, if not atheist one’s self, which would be a death sentence to one’s career if they lived in-state afterward (maybe they could work out of one of the more liberal colleges; the one I’m thinking of is religiously affiliated, but is way more tolerant than the general population, to the best that I can discern).
Woah, woah. Back up. Seriously? This is a thing? How on earth has this survived despite, y’know, being illegal?
Remember, “Y is technically X” means “Y is not X, but I’m being disagreeable.”
In the U.S., when laws are stricken down as unconstitutional, they are not automatically repealed or removed from the statute books. They are just ignored and not enforced.
For instance, after the Supreme Court case Lawrence v. Texas, all state sodomy laws were ruled unconstitutional. However, the states don’t have to formally repeal them (which would require effort from their legislatures) — rather, those laws are simply considered null and void, unenforceable. Some states went and repealed them anyway, but Oklahoma, Kansas, and Texas have not.
So yes, there may be some states or towns that have laws on the books discriminating against atheists, or imposing punishments for blasphemy, or even requiring everyone to go to church. But because these laws are null and void under all sorts of court rulings, it is incorrect to say that atheism is illegal; just as it is incorrect to say that sodomy is illegal.
(There are certainly plenty of people — including many government officials, government school teachers, etc. — who discriminate against atheists, of course. And against Jehovah’s Witnesses, Wiccans, and other religious minorities.)
The particular law I’m thinking of hasn’t come up in court, but a rather similar one in another state has and was overturned by the supreme court.
Now that I’ve tried explaining it, I’m worried my wording was dark artsy enough to warrant a retraction.
I’m pretty sure it’s survived mainly because no one ever bothered challenging it. To do so would require revealing one’s self as sympathetic to atheists, if not atheist one’s self, which would be a death sentence to one’s career if they lived in-state afterward (maybe they could work out of one of the more liberal colleges; the one I’m thinking of is religiously affiliated, but is way more tolerant than the general population, to the best that I can discern).
What specific law are you thinking of?