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6 Ind. J.L. & Soc. Equal. 326 (2018)
Recognizing America's Religious Nones and Their Influence on Political and Legal Norms

handle is hein.journals/injlaseq6 and id is 327 raw text is: NOTE Recognizing America's Religious Nones and Their Influence on Political and Legal Norms Samuel Seeds* The relationship between the state and organized religion in civil democratic societies is inherently complicated. There is inevitable tension between state organs and religious institutions. 1 INTRODUCTION The purpose of this Note is two-fold. First and foremost, this Note was written to develop the conversation concerning the rise of the Religious NoneS2 in the United States, as there is very little thought or recognition given to Nones in legal academia. The majority of scholarship only gives a paragraph or two on the subject of Nones, despite the fact that Nones have been growing since the 1990s.3 Second, this Note was written to shed light on the direct impact that Religious Nones are having on American society, specifically the link between the rise of the Nones and the gradual excising of politics and laws attributed to religious moral tradition. However, it is also important to define what this Note is not. This Note does not enter the conversation concerning whether religious liberties are in danger;4 rather, this Note suggests that the legal norms that receive support based solely upon religious and faith-based grounds are going to be challenged for their lack of secularity and, conversely, presence of religious motivation. This Note also suggests that the rise of the Moral Majority, or Religious Right, has impressed religious fundamentalism onto American legal doctrine and political platforms, and will, therefore, be challenged by the Nones in future political and legal arenas. It is not the case that America will no longer possess the status of a pluralist * J.D. Candidate 2018, Indiana University, Maurer School of Law 1 AMos N. GUIORA, FREEDOM FROM RELIGION: RIGHTS AND NATIONAL SECURITY 94 (2d ed. 2013). 2 The nomenclature of the Religious Nones arises from shorthand to refer to people who self-identify as atheists or agnostics as well as those who say their religion is 'nothing in particular.' See Michael Lipka, A Closer Look at America's Rapidly Growing Religious 'Nones', PEW RESEARCH CENTER: FACT TANK (May 13, 2015). 3 See infra text accompanying note 88. It should be stated that this Note is not picking up the discussion concerning the tension between true nonbelievers, such as Atheists or Agnostics, and the public recognition and tolerance of Christian influence. Such discussion can be seen in the work of Caroline Mala Corbin and Nelson Tebbe. See generally Caroline Mala Corbin, Nonbelievers and Government Speech, 97 IOwA L. REV. 347 (2012); Nelson Tebbe, Nonbelievers, 97 VA. L. REV. 1111 (2011). 4 See generally Daniel 0. Conkle, The Path of American Religious Liberty: From the Original Theology to Formal Neutrality and an Uncertain Future, 75 IND. L.J. 1 (2000) (arguing that the anticipated and furthered support of formal neutrality with regard to the treatment of religion, as opposed to special treatment, may have detrimental effects on religious liberties).

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