Laicidad positiva, igualdad consiguiente: diálogo sobre el artículo 16 de la Constitución española

Abstract

The constitutional notion of “inclusive secularity” puts forward a rupture with the negative dimension that has normally characterized secularist points of view. This demands the rethinking of the notion of secular State. The old obsession with a separation that kept a cordon sanitaire between public authorities and the religious factor, yields to a cooperation that acknowledges religion as a factor as positive and worthy of support as culture or sport. Constitutional Court’s Judgments such as 46/2001 and 34/2011 put into practice the constitutional mandate that requires a cooperation that reflects the Spanish society’s beliefs, discarding a mere equal treatment in dealing with religious communities.