Inevitable Collisions Between State and Religion
In terms of religion v. state, contemporary
political science offers generally two approaches towards concepts of states:
EITHER the dominating neutral state has to create room for the religious
beliefs of its citizens OR a dominantly religious state employs subordinated
state institutions. Examples for the first concept are pretty much all modern
western nations, with separation of powers and neutral state institutions.
Examples for the latter include Saudi Arabia or the Iran, where religion is the
dominant source and origin of the state. These state’s institutions are often
merely means to facilitate the state’s function on an administrative level. So
depending on whether or not religion or state neutrality is the dominant
pattern, the other is second to the above named principle.
Now what’s interesting to observe are the
frictions in this concept, i.e. the intersecting parts.
Problems usually arise where the
spheres tend to overlap. For instance, in Germany, if you work for the church,
employees need to have a “special” loyalty towards their employers. This
“special” loyalty has been subject of disputes before the courts time and
again. One of many noteworthy rulings deals with Germany’s policy of treating
all religious communities in Germany equally and, if suitable, to grant the
status of being a public corporation (“Körperschaft des öffentlichen Rechts”).
Being officially recognized as a public corporation by the German state entails
tax exempt status and numerous other privileges for religious groups, which is
why it is generally aspired by religious groups, for instance by Germany’s
Jehovah's Witnesses.
Leipzig’s very own Federal
Administrative Court has been central to the Jehovah’s Witnesses’ attempts to
gain said status (official ruling by Germany’s Federal Administrative Court on February
1, 2006, notified under the document number Az. BVerwG 7 B 80.05). The City of
Berlin had thwarted previous attempts by the Jehovah's Witnesses to gain the precious
status of a public corporation (a process that had been going on since the
mid-90s). The Jehovah's Witnesses refuse to participate in political elections,
which was interpreted by Berlin as a lack of loyalty to the state and thus as lacking
a prerequisite to obtaining the status of a public corporation. The decision by
Leipzig’s judges, however, rejected Berlin’s accusation and ended the more than
twelve year long legal dispute in the favor of Jehovah's Witnesses.
The state granting religious
groups as public corporations is particularly interesting, since maintaining
the principle of equal treatment and secularity towards all religious groups is
virtually impossible to achieve. Like political parties in Germany, the big
churches either receive direct financial resources from the state for charities
and occupational health care or indirect financial advantages by being exempt
(partially) from taxes and other duties. I wonder how atheists feel about this…
So in one way or another, the
German state is financing religion.
Another common field of dispute
is the education of children that are member of a particular religion (think of
the back-then controversy of Amish children being taught at home). Here, again,
different interests collide and usually there is no amicable solution.
The paradigm of an ideally
secular state meets the reality of an everyday life impacted by religious
penetration. Now, a third sphere – the respective culture – becomes a
negotiator between these two spheres and their untainted concepts. In addition,
this perpetual negotiation between the two ideal spheres is supplemented by a
particularly interesting second layer: the two extreme poles on the spectrum
“private” and “public.”
Ideally, religious aspects are a
private matter and the neutral state is of public concern. But of course, in
reality, both ends of the spectrum mix.
Here is the list of requirements by the City
of Berlin to gain the status of a public
corporation: http://www.berlin.de/sen/kultur/bkrw/koerperschaften.html
Here you can take
a closer look at the financial entanglement between state and religion: KORSO
(coordinating secular organizations in Germany) http://www.korso-deutschland.de






