The very basis of AA is belief in a higher power. An atheist would be missing this important part of the treatment.
The fear of unfair treatment becomes reasonable enough that we should err on the side of caution.
That's my point. Peoples' belief in our justice system is somewhat shaky as it is (O.J., etc.), so why put another variable in there?
I understand what you are saying, but it truly is not a problem. The agnostic or atheist in AA will work with a belief in a higher power of his understanding. The higher power could be the group, or a light bulb, or an abstraction like the possibility of good. This type of thing is described in the big book of AA and is well-known to members.