Sandy! Daddy didn't give you permission to sign up to Free Republic!
(my daughter's Sandy).
No, it's not stupid at all. What is questionable is this notion that atheism is non-religon. Non-religion would be unconciousness, since everyone has something that drives them, a set of beliefs based on which they make decisions. Picture a compass, whose needle can face any direction - north, west-southwest, etc. Atheism is a vector, just like Christianity. It is not the absense of a needle, but rather the positive affirmation of a set of beliefs - just like Christianity.
It's not a religion. Atheists don't share a belief system, a moral code, a way of looking at the world, and all the other stuff that religion normally entails. Atheists have one thing in common--they don't believe in God. Lack of belief in God says absolutely nothing about what an atheist does believe. That's why it's not a religion. A lack of belief in God says no more about a person than does a lack of belief in the Tooth Fairy or a lack of belief in Santa Claus. This case is just a group of leftwing judges bending over backwards to appease some criminals with a gripe about their confinement conditions. It *will* be reheard en banc, and it *will* be overturned. No doubt about it.