This Comment defends an expansive definition of religion which is uniform under the establishment clause and under the free exercise clause. This Comment, to effect this expansion, constructs empirical indicators of religion for use in establishment clause cases. This proposed approach distinguishes science from values and philosophies, and only the latter two might be called "secular humanism." This distinction incorporates longstanding Supreme Court jurisprudence allowing the teaching of evolution." Expanding religious protection under the free exercise clause made a balancing approach necessary.'" Similarly, using an expansive definition of religion to broaden the scope of the establishment clause will require more extensive balancing of state interests against disestablishment values.
Craig A. Mason,
"Secular Humanism" and the Definition of Religion: Extending a Modified "Ultimate Concern" Test to Mozert v. Hawkins County Public Schools and Smith v. Board of School Commissioners,
63 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol63/iss2/8