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Weiler-Harwell examines continuing, legal, discrimination against atheists, as made clear in two cases: Boy Scouts of America v. Dale (2000) and Elk Grove Unified School District v. Newdow (2004). These rulings created a new, discriminatory level of distinction for believers versus non-believers that is ahistorical in light of previous Supreme Court precedent. Both cases created new standards for analyzing equality under the law for non-conformists such as atheists, shaping a new hierarchy of protected and unprotected forms of religious belief. The new judicial standards elevate monotheistic r.