Are State Churches Contrary to International Law?
2:1 Oxford Journal of Law and Religion pp. 119-149 (2013) (Forthcoming)
38 Pages Posted: 25 Apr 2013
Date Written: April 24, 2013
This article focuses on state churches in liberal democracies, arguing that an international law-oriented analysis thereof generates legal arguments against state church models in se. In addition to arguments derived from legal theory against establishment of religion, there is comparative legal data substantiating a correlation between establishment and ‘governmental favoritism’; whilst legal-sociological data in turn substantiates a correlation between ‘governmental favoritism’ and increased restrictions on religious and other liberties. Accordingly, this article challenges the myth of ‘benign establishment’.
Keywords: state church, state religion, establishment of religion, human rights, freedom of religion, equality
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