Separation of church and state: Encyclopedia II - Separation of church and state - Countries with separation

Separation of church and state - Countries with separation

Different countries have different approaches to the separation of church and state.

Separation of church and state - Australia

Since the founding of the Commonwealth of Australia in 1901, religious freedom has been guaranteed and state religion has been outlawed. Section 116 of the Australian Constitution says:

Some Australian judges (see Murphy ([2])) have gone as far to say that the government cannot support religious schools, even if done in a non-discriminatory way. The High Court of Australia, however, has consistently allowed funding of religious schools.

The issue of separation between religion and state is generally less contentious than in the United States. The Australian Parliament still holds prayers at the start of each sitting day and has since federation. Attendance at the prayer services is optional but many Members of Parliament do attend.

Separation of church and state - Canada

Like most countries, Canada takes its own view on the proper relationship between church and state. There is no established church, however religious groups can qualify for tax-exemption. The amount of funding religious schools receive varies from province to province. In many provinces religious schools are government funded in the same way other independent schools are. In most parts of Canada there is a Catholic education system alongside the secular 'public' education system. They are run on Catholic principles and include religious activities and instruction as a matter of course. They are not exclusively attended by practicing Catholics; in fact many non-Catholics (and non-Christians) prefer these schools for either the quality of education or the opportunity to be educated in an environment where morality and spirituality are not excluded.

Again like most countries, the specific form of separation unique to the US does not apply here. There is no restriction on government funding of 'faith-based' activities. Religious activity in schools is not excluded constitutionally (though in public schools it is usually not undertaken).

The Canadian Charter of Rights and Freedoms, which is entrenched in the Constitution, states in the preamble that Canada "is founded upon principles that recognize the supremacy of God and the rule of law." [3]. Freedom of religion as also guaranteed. The Supreme Court of Canada, in the case of Her Majesty The Queen in Right of Canada v. Big M Drug Mart Ltd., [1985] (1 S.C.R. 295) ruled that a 1906 statute that required most places to be closed on Sunday did not have a legitimate purpose in a "free and democratic society", and was an unconstitutional attempt to establish a religious-based closing law (see Blue law.)

Separation of church and state - France

Since 1905, France has had a law requiring separation of church and state, prohibiting the state from recognizing or funding any religion. According to the French constitution, freedom of religion was already a constitutional right. The 1905 law on secularity was highly controversial at the time. France adheres to the notion of laïcité, that is, noninterference of the government into the religious sphere and noninterference of religion into government, and a strict neutrality of government in religious affairs.

References to religious beliefs by politicians to justify public policies are considered a political faux pas, since it is widely believed that religious beliefs should be kept out of the public sphere.

Public tax money supports some church-affiliated schools, but they must agree to follow the same curriculum as the public schools and are prohibited from forcing students to attend religion courses or to discriminate against students on the basis of religion.

Churches, synagogues, temples and cathedrals built before 1905, at the taxpayers' expense, are now the property of the state and the communes; however they may be gratuitously used for religious activities provided this religious use stays continuous in time. Some argue that this is a form of unfair subsidy for the established religions in comparison to Islam.

The Alsace-Moselle area, which was administered by Germany at the time the 1905 law was passed and was returned to France only after World War I, is still under the pre-1905 regime established of the Concordat, which provides for the public subsidy of the Roman Catholic Church, the Lutheran Church, the Reformed church and the Jewish Religion as well as public education in those religions. An original trait of this area is that priests are paid by the state; the bishops are named by the President on the proposal of the Pope. Controversy erupts periodically on the appropriateness of these and other extraordinary legal dispositions of Alsace-Moselle, as well as on the exclusion of other religions in Alsace-Moselle from this arrangement.

See also: laïcité

Separation of church and state - Germany

After the wars that followed the Reformation, the principle cuius regio, eius religio divided the Holy Roman Empire in statelets with a homogeneous faith. This principle, already complicated by changes in state boundaries in the early 18th century, ended with the fall of all German monarchies in the 1918 revolution.

Today, Church and state are separate, but there is cooperation in many fields, most importantly in the social sector. Churches and religious communities, if they are large, stable and loyal to the constitution, can get special status from the state as a "corporation under public law" which allows the churches to levy taxes called Kirchensteuer (literally church tax) on their members. This revenue is collected by the state in return for a collection fee.

As required by the constitution, religious instruction (for members of the respective religions) is a ordinary subject in public schools (in most states). It is organized by the state, but also under the supervision of the respective religious community. Teachers are educated at public universities. Parents, or students 14 years old and above, can decide not to take those religion classes, but most federal states require classes in "ethics" or "philosophy" as replacements. A small but significant number of religious schools, which receive the majority of their funding (but never all of it) from the state, exist in most parts of the country; however nobody can be compelled to attend them. There was considerable public controversy when the Federal Constitutional Court declared a Bavarian law requiring a crucifix in every classroom to be unconstitutional in 1997; Bavaria replaced it with a law still demanding the same, unless parents file a formal protest with the state.

As immigration has significantly increased the numbers of Muslim inhabitants, there is ongoing discussion about introducing a Islamic religious instruction for Muslim pupils, but such plans have yet been hampered by difficulties in organising a curriculum for the whole Islamic spectrum. The Federal Administrative Court recently ruled that the Berlin Islamic Federation was a qualified religious community under Berlin law (which differs considerably from most of the rest of the country); hence, the Berlin State Government decided to begin Islamic religious instruction in public schools in areas with significant Islamic populations.

There is an ongoing controversy over the status of the Church of Scientology, as the German states deny this group tax exemption normally granted to religious communities and rather classify it as a business enterprise subject to taxation. This issue is intermingled with allegations that Scientology is a totalitarian cult. These classifications however do not prohibit the group's activities in Germany. [4]

Separation of church and state - Japan

Article 20 of the constitution of Japan, drafted in 1946 and currently in use, mandates a separation of religious organizations from the state, as well as ensuring religious freedom: "No religious organization shall receive any privileges from the State, nor exercise any political authority. No person shall be compelled to take part in any religious act, celebration, rite or practice. The State and its organs shall refrain from religious education or any other religious activity." However, like the CDU of Germany, Japan is not without a political party that has religious affiliation, namely the New Komeito Party has affiliation with Buddhism. Less than one percent of Japanese population are Christian.

Historically, Shinto had been the state religion of Japan; the Emperor of Japan, as well as being the head of state, was considered a living Shinto deity. This ceased at the end of World War II, when the current constitution was drafted. (See Ningen-sengen.)

Separation of church and state - Mexico

A precedent of limiting the rights of the church – especially the Roman Catholic Church– was set by President Valentín Gómez Farías in 1833. Later, President Benito Juárez enacted a set of laws that came to be known as the Leyes de Reforma between 1859 and 1863 in the backdrop of the Guerra de Reforma. These laws mandated, among other things, the separation of church and state, allowed for civil marriages and a civil registry, and confiscated the church's property.

Tensions also existed between the Roman Catholic Church and the post-Revolution Mexican government. Severe restrictions on the rights of the Church and members of the clergy were written into the country's 1917 constitution that led to the eruption of the Cristero War in 1926. In 1992 the government reestablished diplomatic relations with the Holy See and lifted almost all restrictions on the Catholic Church. This later action included granting all religious groups legal status, conceding them limited property rights, and lifting restrictions on the number of priests in the country. However, the law continues to mandate a strict separation of church and state. The constitution still bars members of the clergy from holding public office, advocating partisan political views, supporting political candidates, or opposing the laws or institutions of the state.

The constitution provides that education should avoid privileges of religion, and that one religion or its members may not be given preference in education over another. Religious instruction is prohibited in public schools; however, religious associations are free to maintain private schools, which receive no public funds.

According to the Religious Associations and Public Worship Law, religious groups may not own or administer broadcast radio or television stations; however, the Catholic Church owns and operates a national cable television channel. Government permission is required to transmit religious programming on commercial broadcast radio or television, and permission is granted routinely.

Source: International Religious Freedom Report 2004. United States Department of State. Last accessed: October 8, 2005.

Separation of church and state - Philippines

By passing through the numerous phases of colonial occupation, the relationship of the church and state in the Philippines has repeatedly changed from the collaboration of the Roman Catholic Church with the government during the Spanish era to the generally accepted separation today.

Recent events For current reports on the status of the church and state in the Philippines, check the International Religious Freedom Report 2002 by the U.S. Department of State.

Separation of church and state - Sweden

The Lutheran church and state were partially separated in 1999. The Church of Sweden still maintains special status. It is now possible to register new religious organizations, but they lack the same special status and the ability to perform legally binding services such as marriage and burials.

There are ongoing efforts to remove the special status from the former state church. Marriage can now be performed by anyone who has received a certificate.

Separation of church and state - Turkey

Turkey considers itself as a country with a strong separation of church and state since Kemal Atatürk's westernization movement in March 3, 1924 by removing the caliphate system from Islam. However in practice this means a subordination of religion to the state rather than what Westerners would call separation. Sunni Islam, the majority religion, is largely organized by the Turkish government through the "Department of Religious Affairs", and is state-funded; independent Sunni communities are illegal. Minority religions, like Alevi Islam or Armenian or Greek Orthodoxy, are guaranteed by the constitution as individual faiths and are mostly tolerated, but this guarantee does not give any rights to religious communities. However the Treaty of Lausanne gives certain religious rights to Jews, Greeks, and Armenians, but not, for example, to Syrian-Orthodox or Roman Catholics.

Separation of church and state - United States of America

Main article: Separation of church and state in the United States

In the 1600s and 1700s, many Europeans immigrated to what would later become the United States. For some this was driven by the desire to worship freely in their own fashion. These included a large number of nonconformists such as the Puritans and the Pilgrims as well as English Catholics. However, with some exceptions, such as Roger Williams of Rhode Island or the Roman Catholic Lord Baltimore in Maryland, most of these groups did not believe in religious toleration and in some cases came to America with the explicit aim of setting up a theocratic state.

Such history and beliefs were integrated into the U.S. Constitution with the passing of the Bill of Rights containing the First Amendment. The clause of the First Amendment that adopted the founders' principles of separation of church and state and freedom of religion is known as the Establishment Clause. It states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." The interpretation of this clause is the responsibility of the Supreme Court of the United States.

The modern view adopted by the Supreme Court in the latter half of the nineteenth century is that no government — federal, state or local — can perform any action or make any policy which blatantly favors one faith or church over the others, or which favors belief in a God or Supreme being over non-belief. Notably, Supreme Court Justice Clarence Thomas, an "originalist" who favors the Constitutional founders' interpretation and application of the Constitution, disagrees with the modern view. An example of a modern protection of this belief is the ACLU.

The court-enforced separation does not extend to all elements of civil religion. By law, the country's currency carries the motto "In God We Trust". Congress begins its sessions with a prayer, and since 1954 the Pledge of Allegiance contains the phrase, "one nation, under God". Court rulings have upheld these apparently religious references, viewing them as non-substantive "ceremonial deism" or utilizing other legal theories. Recent lawsuits have unsuccessfully attempted to challenge the status quo. Some expressions of religion on public property, such as certain displays of the Ten Commandments in courtrooms or Nativity scenes on public land have been recently ruled to be unconstitutional. The government is also permitted to restrict religious activities so long as these restrictions do not target religion specifically. For instance, a religious group can not perform human sacrifice under the veil of separation of church and state because the government views it as murder and murder is illegal.

Religion plays a strong role in national politics, especially in controversial moral issues like abortion, euthanasia, and homosexuality. Direct church-state issues also arise, currently including the question of whether or not school vouchers should be used to help parents pay for education at religious schools, and the status of the faith-based initiatives of the current President, George W. Bush.

The most prominent religious participants in national politics are Evangelical Christians, largely allied with the Republican Party and in the so-called Bible Belt of the Southern and Midwestern United States, but other Protestants (including predominantly liberal sects), Catholics, Mormons, Jews, Muslims, non-believers, and other faiths are also quite active. Some religious groups wish to increase the ability of government to make various religious expressions; they often emphasize the largely Christian demographics and history of the country.

It is common practice for national politicians with strongly religious constituencies to cite religious texts or beliefs in support of certain policies. In other areas voters may be more disapproving of expressions of religious faith by political candidates and government officials.

Although there are no legal religious requirements for officeholders, voters frequently prefer to vote for politicians they can identify with, who reflect their views and garner their trust. Thus voters generally entrust their vote to a candidate reflecting the majority faith in their district. Nearly every President has had a Christian religious affiliation. (See List of U.S. Presidential religious affiliations.) At least 90% of the 105th Congress from 1998 were known to be Christian, with Catholics, Baptists, and Methodists alone comprising over half of it [5]. Local demographics, and thus the religious affiliations of local politicians, are more varied.

Separation of church and state - Other countries

The status of the separation of church and state in almost any country around the world, as seen by the US government, can be viewed by clicking on the appropriate geographical region in the left panel of the Web page maintained by the United States Department of State.

Adapted from the Wikipedia article "Countries with separation", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki