The Legal Status of Religious Minorities in Spain

Abstract

The legal status of religious minorities and churches in Spain has undergone numerous changes in recent years. These changes repre sent a determined effort by Spanish government officials to make reli gious liberty in Spain a reality, although, as this essay will indicate, many patterns of religious discrimination remain in place. The legal status of religious organizations in Spain is comprised of two elements: (1) religion in Spain is considered by society and the law as having a social and cultural value because of the long tradition of Catholicism; (2) as a consequence of Spain's past religious tradition, the constitutional system (recognizing religious liberty as a constitutional right) made the choice of cooperation between church and state, rather than of separation between church and state. Nevertheless, the tradition of the Catholic Church as the only es tablished church is a very real part of Spanish identity. This makes it difficult for any minority church or religious community, even those with with deep roots in the past, such as Islam or Judaism, to receive equal treatment under the law. Spain is no longer an established Catholic country. Art. 16.3 of the 1978 Constitution declares that no church will be the church of the