There continues to be a pervasive and persistent stigma against atheists in the United States. The current legal protection of atheists is largely defined by the use of the Establishment Clause to strike down laws that reinforce this stigma or that attempt to deprive atheists of their rights. However, the growing atheist population, a religious pushback against secularism, and a neo-Federalist approach to the religion clauses in the Supreme Court could lead to the rights of atheists being restricted.
Redefining "Atheism" in America: What the United States Could Learn From Europe's Protection of Atheists,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol27/iss1/14