Striking the Balance Between Religious Rules and State Law: Spain

Abstract

This chapter examines the interaction between religious and state laws in Spain. After describing the basic normative framework, the author analyses the main areas in which such interaction takes place: the civil effects of religious rules on marriage, State laws and institutions in which an identifiable religious origin can be observed, State laws aimed at offering a specific protection of the autonomy of churches and religious groups, the exemptions from generally applicable laws on religious or conscience grounds, and the wearing of personal religious symbols in public areas or institutions. The author notes that a large part of the reception of religious rules by State laws relies on the Concordat with the Catholic Church and similar cooperation agreements with three other religious communities. Among other criticism to Spanish current law and practice, the author points out that, by failing to extend the agreements system to other religious communities in comparable situation, the Spanish State ignores one of the main provisions of the 1980 Organic Law on Religious Freedom, in breach of the constitutional principle of equality.