Abstract
This is a review of the Constitutional provisions on freedom of religion in Ghana and to determine whether the Constitution offers to religious bodies the use of public buildings and schools as places of worship. This study consisted of literature and documentary review of cases, the 1992 Constitution and legal writings from Ghana and other jurisdictions on the issue of separation of Church and State. The legal framework for freedom of religion does not include the commingling of public asset with private religious expressions, which goes against the zoning regulations and public policy on noise pollution and nuisance.
Highlights
The issue of separation of Church and State or the doctrine of “laicite” has confronted many democracies around the world, the United States of America
The purpose of this study is to review the Constitutional provisions on freedom of religion in Ghana and to determine whether the Constitution offers to religious bodies the use of public buildings and schools as places of worship
All over Ghana, Classroom blocks built with revenues from the tax payers by the government are being used as Church houses in the evenings and during the weekends
Summary
The issue of separation of Church and State or the doctrine of “laicite” has confronted many democracies around the world, the United States of America. Separation of Church and State does not negate freedom of religion. It does not disparage the tenets of one’s faith as a set of mystical irrationality, but a substantive right worthy of pursuit without pressure or coercion from any one or the State (Carter, 1993). To illustrate the concept of separation of church and state further, the US Constitution guarantees freedom of religion. This includes freedom from religious observance, school prayer, freedom from reciting the pledge of allegiance and freedom from either the state or federal government using government property or finances in support and promotion of religion (Everson, 1947)
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