State of the Secular States

Acknowledging Context

Research Process

Each scorecard assesses the presence or absence of statewide laws and policies affecting religious equality and the separation of religion and government, either positively or negatively. In addition to the 50 states, scorecards are provided for the District of Columbia and Puerto Rico. Research for this project was conducted by the lawyers and law clerks at the American Atheists Legal Center, based on established criteria for each law and policy item, and compiled into a scorecard for each state. This research was drawn from publicly available sources.

The evaluations of each law and policy item are based on the nature of the item, typical statewide laws and policies concerning that issue, and our determination about best practices for that issue. States are grouped into one of the three general categories based on a subjective analysis of their laws. During the course of researching and drafting this report, a number of states passed relevant laws or policies. This report includes assessments of laws and policies passed as of November 1, 2023.

“Clauses” refer to state constitutional provisions. “Laws” refer to state statutes, either passed through a state’s legislative process or through referendum. “Policies” refer to administrative regulations and policies from a state executive agency that have a legal effect. “Court decisions” refer to final rulings by a relevant state or federal court with a statewide or larger jurisdiction and for which the decision is controlling law.

Implementation of Laws and Policies

The State of the Secular States report is an assessment of statewide laws and policies that affect the separation of religion and government in each state as well as the District of Columbia and Puerto Rico. This report is intended to support advocacy on these issues, both by providing a benchmark for existing laws and policies and a roadmap for how advocates can work to preserve the separation of religion and government and promote religious equality in their own communities and states. However, this report is not an evaluation of statewide advocacy efforts. We recognize that state advocacy relating to the separation of religion and government and religious equality varies widely in different regions and is affected by state politics, historical context, legislative concerns, state constitutions, and many other factors.

Moreover, this report does not measure the implementation of laws and policies that affect the separation of religion and government and religious equality. It reviews only the presence or absence of the listed law and policy items. For example, we note on Maryland’s scorecard that the state has a constitutional prohibition on atheists holding state offices--a religious test for office--even though the U.S. Supreme Court struck down that clause in its 1961 Torcaso v. Watkins decision, and it has no legal effect. Particularly in rapidly developing areas of law, such as limitations on health care for trans youth and prohibitions on abortion, scorecards may not convey the reality of whether the law is actively enforced or stayed by a court.

Suggested Citation

When referencing this document, we recommend the following citation:

Gill, A.M. (2024). 2024 State of the Secular States. Cranford, NJ: American Atheists.