Fellowship of Humanity v. County of Alameda
Encyclopedia
Fellowship of Humanity v. County of Alameda was a 1957 California Courts of Appeal case in the Fellowship of Humanity
, an organization of humanists
, sought a tax exemption
from Alameda County, California
on the ground that they used their property "solely and exclusively for religious worship." Despite the group's nontheistic
beliefs, the court determined that the activities of the Fellowship of Humanity
, which included weekly Sunday meetings, were analogous to the activities of theistic
churches and thus entitled to an exemption.
, this was one of the earliest cases establishing the right in the U.S. of nontheistic institutions that function like traditional theistic religious institutions to be treated similarly to theistic religious institutions under the law.
This case was cited by Justice
Hugo Black
in the decision for Torcaso v. Watkins
, in an obiter dictum
listing "secular humanism
" as being among "religions in this country which do not teach what would generally be considered a belief in the existence of God
."
Black's statement was somewhat misleading in that Fellowship of Humanity v. County of Alameda did not address the question of whether the secular humanist ideas of the Fellowship of Humanity were religious; it merely determined that Fellowship of Humanity functioned like a church and so was entitled to similar protections. Subsequent cases such as Peloza v. Capistrano School District
have clarified that "neither the Supreme Court, nor this circuit, has ever held that evolutionism or secular humanism are 'religions' for Establishment Clause
purposes." Unlike the question of tax exemption, Establishment Clause issues rest on whether or not ideas themselves are primarily religious.
The decision for a subsequent case, Kalka v. Hawk et al., offered this commentary:
Second, the court argued that the tax exemption for churches must be justified in terms of non-religious aspects:
Fellowship of Humanity
-History:The Fellowship of Humanity was founded in 1935 by Reverend A. D. Faupell as one of a handful of "humanist churches" seeded in the early 20th century as part of the American Religious Humanism movement. It was the only such organization to survive into the 21st century and is the first and...
, an organization of humanists
Humanism
Humanism is an approach in study, philosophy, world view or practice that focuses on human values and concerns. In philosophy and social science, humanism is a perspective which affirms some notion of human nature, and is contrasted with anti-humanism....
, sought a tax exemption
Tax exemption
Various tax systems grant a tax exemption to certain organizations, persons, income, property or other items taxable under the system. Tax exemption may also refer to a personal allowance or specific monetary exemption which may be claimed by an individual to reduce taxable income under some...
from Alameda County, California
Alameda County, California
Alameda County is a county in the U.S. state of California. It occupies most of the East Bay region of the San Francisco Bay Area. As of the 2010 census it had a population of 1,510,271, making it the 7th most populous county in the state...
on the ground that they used their property "solely and exclusively for religious worship." Despite the group's nontheistic
Nontheism
Nontheism is a term that covers a range of both religious and nonreligious attitudes characterized by the absence of — or the rejection of — theism or any belief in a personal god or gods...
beliefs, the court determined that the activities of the Fellowship of Humanity
Fellowship of Humanity
-History:The Fellowship of Humanity was founded in 1935 by Reverend A. D. Faupell as one of a handful of "humanist churches" seeded in the early 20th century as part of the American Religious Humanism movement. It was the only such organization to survive into the 21st century and is the first and...
, which included weekly Sunday meetings, were analogous to the activities of theistic
Theism
Theism, in the broadest sense, is the belief that at least one deity exists.In a more specific sense, theism refers to a doctrine concerning the nature of a monotheistic God and God's relationship to the universe....
churches and thus entitled to an exemption.
Significance
Along with Washington Ethical Society v. District of ColumbiaWashington Ethical Society v. District of Columbia
Washington Ethical Society v. District of Columbia was a 1957 case of the United States Court of Appeals for the District of Columbia Circuit. The Washington Ethical Society functions much like a church, but regards itself as a non-theistic religious institution, honoring the importance of ethical...
, this was one of the earliest cases establishing the right in the U.S. of nontheistic institutions that function like traditional theistic religious institutions to be treated similarly to theistic religious institutions under the law.
This case was cited by Justice
Associate Justice of the Supreme Court of the United States
Associate Justices of the Supreme Court of the United States are the members of the Supreme Court of the United States other than the Chief Justice of the United States...
Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
in the decision for Torcaso v. Watkins
Torcaso v. Watkins
Torcaso v. Watkins, was a United States Supreme Court case in which the court reaffirmed that the United States Constitution prohibits States and the Federal Government from requiring any kind of religious test for public office, in the specific case, as a notary public.-Background:In the early...
, in an obiter dictum
Obiter dictum
Obiter dictum is Latin for a statement "said in passing". An obiter dictum is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision...
listing "secular humanism
Secular humanism
Secular Humanism, alternatively known as Humanism , is a secular philosophy that embraces human reason, ethics, justice, and the search for human fulfillment...
" as being among "religions in this country which do not teach what would generally be considered a belief in the existence of God
Existence of God
Arguments for and against the existence of God have been proposed by philosophers, theologians, scientists, and others. In philosophical terms, arguments for and against the existence of God involve primarily the sub-disciplines of epistemology and ontology , but also of the theory of value, since...
."
Black's statement was somewhat misleading in that Fellowship of Humanity v. County of Alameda did not address the question of whether the secular humanist ideas of the Fellowship of Humanity were religious; it merely determined that Fellowship of Humanity functioned like a church and so was entitled to similar protections. Subsequent cases such as Peloza v. Capistrano School District
Peloza v. Capistrano School District
Peloza v. Capistrano Unified School District, 37 F.3d 517 , was a 1994 court case heard by United States Court of Appeals for the Ninth Circuit in which a creationist schoolteacher, John E...
have clarified that "neither the Supreme Court, nor this circuit, has ever held that evolutionism or secular humanism are 'religions' for Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
purposes." Unlike the question of tax exemption, Establishment Clause issues rest on whether or not ideas themselves are primarily religious.
The decision for a subsequent case, Kalka v. Hawk et al., offered this commentary:
- The Court's statement in Torcaso does not stand for the proposition that humanism, no matter in what form and no matter how practiced, amounts to a religion under the First Amendment. The Court offered no test for determining what system of beliefs qualified as a "religion" under the First Amendment. The most one may read into the Torcaso footnote is the idea that a particular non-theistic group calling itself the "Fellowship of Humanity" qualified as a religious organization under California law.
Rationale for decision
Rationale for the decision included the following. First, the court argued that the state is not allowed to focus on the content of belief, but only on its function:- It is perfectly obvious that any type of statutory exemption that discriminates between types of religious belief--that discriminates... on the basis of the content of such belief--would offend both the federal and state constitutional provisions... Under the constitutional provision the state has no power to decide the validity of the beliefs held by the group involved... Thus the only inquiry in such a case is the objective one of whether or not the belief occupies the same place in the lives of its holders that the orthodox beliefs occupy in the lives of believing majorities, and whether a given group that claims the exemption conducts itself the way groups conceded to be religious conduct themselves. The content of the belief, under such test, is not a matter of governmental concern... Under this test the belief or nonbelief in a Supreme Being is a false factor... "religion" fills a void that exists in the lives of most men. Regardless of why a particular belief suffices, as long as it serves this purpose, it must be accorded the same status of an orthodox religious belief.
Second, the court argued that the tax exemption for churches must be justified in terms of non-religious aspects:
- Direct tax subsidies of any church or sect or of all churches and sects are undoubtedly prohibited by the First Amendment to the United States ConstitutionFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
... A tax exemption is, obviously, an indirect subsidy... it is not easy to justify logically the tax exemption provisions... a logical and legal justification of such provisions must be found, and... in interpreting such provisions the court should be very careful not to limit them by such a narrow construction that by the very limitations imposed, constitutionality is adversely affected... It is sound public policy to encourage, by tax exemption as well as by direct subsidy, private undertakings in the fields that are properly within the realm of governmental responsibility. Thus, welfare, charitable and private educational grants and subsidies are valid. All churches that warrant the exemption perform some of these tasks. Therefore, churches can be indirectly subsidized for the performance of these tasks. But this indirect subsidy is not for the activities that are peculiarily religious in the sense of dogma or doctrine, but for the many other things all churches do... If the words "religious worship" are given a narrow, limited meaning, so as to require a belief in and adoration of a Supreme Being, then grave doubts would exist as to the constitutionality of the section... If the state cannot constitutionally subsidize religion under the First Amendment, then it cannot subsidize theism. If the state can constitutionally subsidize those functions of religious groups which are not related to "religion" in its narrow sense, then it must subsidize those nontheistic groups which perform the same functions.