In the past several years there has been an increasing interest in religious equality and awareness of efforts to erode the separation of religion and government, and much of that attention has been focused at the federal level.
However this focus on the federal government often overshadows the critical ways that states can either protect religious equality or compromise the separation of religion and government which is the bedrock of our religious liberty. Over the last year, American Atheists has shifted its focus to state policy matters.
At the same time, however, we are seeing increasing activity by Christian nationalists working to impose their false conception of “religious freedom,” where they are exempt from following the law simply because of their beliefs.
We are pleased, therefore, to announce our inaugural State of the Secular States report for 2018, a comprehensive evaluation of statewide laws and policies affecting the separation of religion and government in each state as well as the District of Columbia.
Download Your State’s Summary
Curious how your state’s policies protect religious equality? Download your state’s individual report card by clicking on your state on the map below.
Want the full report? Get it here.
Selected State Summaries
The 2018 State of the Secular States report examines both positive and negative state laws and policies in four broad areas—state constitutional protections, schools & youth, health care & wellness, and special privileges for religion—assessing over 30 related law and policy measures.
While this report does not rank states based on their adoption of policies that protect true religious equality and minimize religious exemptions, states can be broadly grouped into three categories.
Strong Protections for Religious Equality
In addition to strong constitutional protections which protect the separation of religion and government, these states have laws and policies which protect individuals from religion-based harm, such as child marriage or conversion therapy. Generally, these states allow few religious exceptions or special privileges for religion.
California
California pairs constitutional protections for religious equality with civil rights laws that limit religion-based harm and laws that ensure access to the courts to protect constitutional rights.
- Laws that protect youth from conversion therapy
- Provides comprehensive sex education in public schools
- Allows for medical aid-in-dying
New Jersey
New Jersey has both strong constitutional protections for the separation of religion and government and also laws which protect youth from conversion therapy and child marriage.
- Laws that protect youth from child marriage
- Constitutionally prohibits state funding of religious organizations
- Protects youth from conversion therapy
Constitutional Separation of Religion and Government
These states have constitutional protections which protect religious equality by ensuring the separation of religion and government but few other laws that protect individuals from religion-based harm. Despite these constitutional protections, these states usually have some religious exceptions or special privileges for religion.
Illinois
Illinois has strong constitutional protections for religious equality as well as some positive laws, such as those protecting youth from conversion therapy. However, the state also has broad laws allowing denial of health care based on religious beliefs and a provision which undermines laws that conflict with religious beliefs.
- Protects youth from conversion therapy
- Allows denial of health care based on religious belief
- Religious exemptions undermine laws that conflict with religious beliefs
Massachusetts
Massachusetts has constitutional provisions establishing the separation of religion and government and prohibiting the direct public funding of religious organizations. However, the state has few protections from religion-based harm and some religious exceptions.
- Constitutionally prohibits state funding of religious organizations
- Allows denials of health care based on religious belief
- Special tax exemptions for places of worship
Religious Exceptions which Undermine Equality
These states generally have few protections for the separation of religion and government and several laws which establish religious exceptions or special privileges for religion. Unfortunately, some of these states have undermined non-discrimination protections and sought to enshrine particular religious views into the law.
Mississippi
Mississippi has attacked religious equality by passing the broadest religious exceptions in the nation, which allow discrimination against same-sex couples, health care discrimination, and undermine laws that conflict with religious beliefs.
- Retains prohibitions on atheists holding office
- Mandates religious displays in classrooms
- Broad religious exceptions to non-discrimination laws
Oklahoma
Oklahoma has eroded religious equality, particularly for youth, by mandating bible classes in schools, requiring abstinence-only sex education, and allowing discrimination in foster care and adoption based on religious belief.
- Requires public schools to offer Bible classes
- Allows religion-based discrimination in foster care
- Religious exemptions undermine laws that conflict with religious beliefs
