that secular humanism could be considered a religion for legal purposes was examined by the United States Court of Appeals for the Ninth Circuit in Peloza v. Capistrano School District, 37 F.3d 517 (9th Cir. 1994), cert. denied, 515 U.S. 1173 (1995). In this case, a science teacher argued that, by requiring him to teach evolution, his school district was forcing him to teach the "religion" of secular humanism. The Court responded, "We reject this claim because neither the Supreme Court, nor this circuit, has ever held that evolutionism or Secular Humanism are 'religions' for Establishment Clause purposes." The Supreme Court refused to review the case. The decision in a subsequent case, Kalka v. Hawk et al., offered this commentary: The Court's statement in Torcaso does not stand for the proposition that humanism, no matter in what form and no matter how practiced, amounts to a religion under the First Amendment. The Court offered no test for determining what system of beliefs qualified as a "religion" under the First Amendment. The most one may read into the Torcaso footnote is the idea that a particular non-theistic group calling itself the "Fellowship of Humanity" qualified as a religious organization under California law. Controversy Decisions about tax status have been based on whether an organization functions like a church. On the other hand, Establishment Clause cases turn on whether the ideas or symbols involved are inherently religious. An organization can function like a church while advocating beliefs that are not necessarily inherently religious. Author Marci Hamilton has pointed out: "Moreover, the debate is not between secularists and the religious. The debate is believers and non-believers on the one side debating believers and non-believers on the other side. You've got citizens who are [...] of faith who believe in the separation of church and state and you have a set of believers who do not believe in the separation of church and state." In the 1987 case of Smith v. Board of School Commissioners of Mobile County a group of plaintiffs brought a case alleging that the school system was teaching the tenets of an anti-religious religion called "secular humanism" in violation of the Establishment Clause. The complainants asked that 44 different elementary through high school level textbooks (including books on home economics, social science and literature) be removed from the curriculum. Federal judge William Brevard Hand ruled for the plaintiffs agreeing that