The Autonomy of Church and State

Abstract

The primary concern underlying both the Establishment Clause and the Free Exercise Clause is autonomy — of the state, of churches, and of individuals. Two conceptions of autonomy have vied for preeminence in the United States, one based upon the ideal of complete independence of church and state, having separation as its goal, and the other based upon the ideal of inter-independence, which tries to ascertain the proper manner in which the state can accommodate religion. The European Court of Human Rights has for the most part based its religious-freedom jurisprudence upon a different conception of autonomy, one that rests upon interdependence of church and state. Autonomy provides a better framework than existing doctrinal approaches for the resolution of difficult and controversial issues.