...What is religion? All religions have three elements, although the relative emphasis differs from one religion to another—Buddhists are light on the supernatural, for example.
The first is the belief in invisible or hidden beings, worlds and processes—like God, heaven, miracles, reincarnation, and the soul. All these are unverifiable, or unseen and unseeable, except by mystics under special and generally unrepeatable conditions. Since absence of evidence is not, logically, evidence of absence, these features of religion are neither true nor false, but simply unprovable. They have no implications for action, hence no bearing on legal matters.
The second element are claims about the real world: every religion, especially in its primordial version, makes claims that are essentially scientific—assertions of fact that are potentially verifiable. These claims are of two kinds. The first we might call timeless: e.g., claims about physical properties—the four elementary humors, for example, the Hindu turtle that supports the world, properties of foods, the doctrine of literal transubstantiation. The second are claims about history: Noah’s flood, the age of the earth, the resurrection—all “myths of origin.” Some of these claims are unverifiable; as for the rest, there is now a consensus that science usually wins—in law and elsewhere. In any case, few of these claims have any bearing on action.
The third property of a religion are its rules for action—prohibitions and requirements—its morality. All religions have a code, a set of moral and behavioral prescriptions, matters of belief —usually, but not necessarily—said to flow from God, that provide guides to action in a wide range of situations. The 10 Commandments, the principles of Sharia, the Five Precepts of Buddhism, etc.
Secular humanism lacks any reference to the supernatural and defers matters of fact to science. But it is as rich in moral rules, in dogma, as any religion. Its rules come not from God but from texts like Mill’s On Liberty, and the works of philosophers like Peter Singer, Dan Dennett and Bertrand Russell, psychologists B. F. Skinner and Sigmund Freud, public intellectuals like Sam Harris and Richard Dawkins, and “humanist chaplains” everywhere.
In terms of moral rules, secular humanism is indistinguishable from a religion....