Can non-believers seek protection as a protected class under the doctorine of strict scrutiny?

We as Atheists, Agnostics, et al, could seek Constitutional protection under the doctrine of strict scrutiny, which mandates that no state can make a law that discriminates against any protected class. In brief, the doctrine of strict scrutiny came about as follows. The case Korematsu v. United States, 1944, ultimately resulted in the US Supreme Court holding that any state law that is based not only on race and creed but on national origin is unconstitutional. This means that if a state makes any law that abrogates the rights of anyone based on their race, creed OR national origin, that law is unconstitutional. Race, creed and national origin are thus known under this doctrine of strict scrutiny as "protected classes." I seek to make non-belief—importantly, NOT religious belief—a protected class under this doctrine of strict scrutiny. I have learned that Michael Schermer, for one, has attempted to make Atheism a protected class under freedom of religion. This is not precisely what we want, as it determines, it defines, Atheism as a "religion." That is exactly what it is NOT! No matter what any of us calls ourselves, atheists, agnostics, et al, the one thing that I estimate we all have in common is our objection to religion. So, again, my thought is that we work towards making NON-BELIEF a protected class under the doctrine of strict scrutiny. I have posed this question to a few attorneys in our free-thought, Atheist/agnostic community. The first to respond with something more than "Yes, that's an interesting question" was NYCA's April speaker, Prof. Nelson Tebbe, of Brooklyn Law School. He was the very first, after I posed this question to attorneys of national atheist and secular organizations, to say something more than the above ("that's an interesting question") and to go so far as to say that it IS possible. This to me is utterly inspiring, as one important strategy open to us is to legitimize our being (for want of a better word) on a national, and CONSTITUTIONAL, level. I firmly believe (have concluded!) that we need this specific incarnation of support. If there is anyone out there who is interested in participating in making this happen, please let us know, and we will build a way to do it! Best, BetsyGordon elizagor@gmail.com P.S., This forum topic was re-posted by John Wagner for Betsy Gordon.