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Religious Regulation: The Regulation of All Religion in a Country  

Jonathan Fox

Countries can regulate both the majority religion and minority religions. Although most countries do both, the motivations and dynamics of these two types of regulation are distinct. The regulation, restriction, or control by a government of all religion in a country, including the majority religion, can take multiple forms. These include regulating (1) religion’s role in politics, (2) religious institutions and clergy, (3) religious practices, and (4) other aspects of religion. At least one form of religious regulation is engaged in by 95.5% of governments, and religious regulation is becoming more common over time. Regulating, restricting, and controlling religion is the norm worldwide regardless of world region, government type, and majority religion. Multiple motivations exist for regulating, restricting, and controlling majority religions. (1) Some countries have secular or anti-religious national ideologies. (2) Some countries support religion, but countries that support a religion often also want to influence and control that religion. In fact, control is a nearly inevitable consequence of support. (3) Politicians often fear religion’s potential political power and seek to keep it in check. (4) Autocratic governments often seek to restrict any aspect of civil culture they cannot control, and this includes religion. On the other hand, regulation is costly. It requires resources that can be used elsewhere, so regulating religion represents a decision to use resources despite these costs.

Article

Religious Establishment as a Subject of Political Science  

Michael Driessen

Recent scholarly attention to religious establishment can be understood as a response to the crisis of secularization theory and the apparent return of religion to global politics. As a category, religious establishment represents a concrete instance of the religious touching the political, which political scientists can systematically measure and analyze to qualify the nature of religion’s return to global politics. Theoretical advances in the conceptualization of religious establishment as a combination of various policies of government regulation and favoritism of religion, in addition to the creation of cross-national databases to measure these policies, has led scholars to rediscover and categorize a broad range of patterns of religious establishment across the globe. Furthermore, these advances in conceptualization and data collection have enabled scholars to produce new political science research on the relationship between religious establishment and patterns of national religious life; cross-national levels of democracy; and the probability of political violence. Several hidden threads bind much of this scholarship together, including implicit assumptions made about normative debates on the meaning of religious liberty, as well as historical patterns of state formation. By explicitly recognizing these assumptions and linking them to future research agendas, political science scholarship on religious establishment is well placed to advance debates on the contemporary role of religion in global politics.

Article

The Politics and Effects of Religious Grievance  

David Muchlinski

Despite international guarantees to respect religious freedom, governments around the world often impose substantial restrictions on the abilities of some religious groups to openly practice their faith. These regulations on religious freedom are often justified to promote social stability. However, research has demonstrated a positive correlation between restrictions on religious freedom and religious violence. This violence is often thought to be a result of grievances arising from the denial of a religious group’s right to openly practice its faith. These grievances encourage violence by (a) encouraging a sense of common group identity, (b) encouraging feelings of hostility toward groups imposing those regulations, and (c) facilitating the mobilization of religious resources for political violence.

Article

Religious Regulation in Brazil  

Claudia Cerqueira and Guadalupe Tuñón

During the past three decades, the tide in religious affiliation has rapidly shifted in Latin America. The predominance of Catholicism in the region has been challenged by the expansion of Evangelicalism and the number of individuals with no religious affiliation. Changes in Brazil’s religious landscape are explained in part by the opportunities and restrictions that government regulations place on religious organizations. Regulation shapes religious competition by changing the incentives and opportunities for religious producers (churches, preachers, revivalists, etc.) and the viable options available to religious consumers (church members). Importantly, as our description of Brazilian regulations shows, the incentives defined by regulation affect religious denominations differently, creating winners and losers. Moreover, established religious groups are often able to reshape religious regulation, reinforcing the degree to which it favors them.

Article

Religious Regulation in India  

Kristina M. Teater and Laura Dudley Jenkins

Freedom of religion is a constitutional right in India, but this religiously diverse democracy regulates religion in several ways, including enforcing religious personal laws, regulating religious minority educational institutions, monitoring conversions, limiting religious appeals during political campaigns, and outlawing acts that outrage religious feelings. The 42nd constitutional amendment in 1976 added the word “secular” to the Indian constitution, which provides a distinctive model of religion-state relations and regulation that is rooted in historical struggles with colonial rule and abundant religious diversity. The “personal law” system grants major religious communities distinct family laws. Religious minorities have regulated autonomy in the sphere of education based on constitutional commitments to minority colleges and educational institutions. The religious freedom clause in the Indian constitution is one of the most comprehensive in the world, yet several state-level “freedom of religion” acts prohibit “forcible” or “induced” conversions. Affirmative action or “reservation” policies also necessitate regulating conversions, as low castes lose their eligibility upon conversion to Islam or Christianity. Appealing for votes on the basis of religion or caste is a “corrupt practice.” A colonial-era statute continues to outlaw “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Constitutional and state regulations of cow slaughter also protect the religious beliefs of some Hindus. Whether defending “religious freedom” by limiting conversions, or criminalizing insults to religious beliefs, laws in India to “protect” religions and religious persons at times threaten the practice and expression of diverse religious perspectives.

Article

Religious Regulation in Poland  

Ewa A. Golebiowska and Silviya Gancheva

It is a truism to say that most Poles are Catholic. Yet, there is also a large number of other churches and religious organizations that are currently registered with the Polish state, although they are very small in the number of adherents they boast. In comparison with other churches and religious organizations, the Catholic Church is a uniquely important social and political actor today and has played an important role in Poland’s over millennium-long history. A brief review of the history of the Catholic Church in Polish society and politics helps illustrate how the Catholic Church has come to play the role it plays in present-day Poland. At present, its relationship to the Polish state is formally outlined in the Constitution, several statutes concerning religion, the country’s criminal code, and an international agreement with the Vatican known as the concordat. Three issues—religious education in public schools, the relationship between the Church and state finances, and the Church’s openness to new religious movements—illustrate how the Catholic Church and state in Poland interact in practice. More informally, religious expression in the country’s public square provides further insight into the relationship between church and state in Poland.

Article

Religious Regulation in the United States  

Barbara A. McGraw and James T. Richardson

Although the United States Constitution presumably was designed to avoid “regulation” of religion, there is an interplay between religious individuals and private organizations, on the one hand, and the state, on the other hand, which has a regulatory effect on religion in some areas of public life. The First Amendment’s “Religious Clauses” prohibit an establishment of religion and preserve the right to free exercise of religion. An important area of contention and development in legislation and Supreme Court jurisprudence involves free exercise accommodations or exemptions to laws and rules that generally apply to everyone. These are particularly at issue in the workplace, in correctional institutions, and in the military. The latter two give rise to establishment issues, which have been resolved in favor of free exercise, as government support of religion has been held to be necessary to preserve the free exercise rights of inmates and service personnel. The enactment of the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA) have led to a much greater deference to religious rights, resulting in accommodations that would not have been required under preexisting legislation and judicial interpretation. Another such area involves religious organizations themselves, in particular issues regarding tax-exempt status, land use, and faith-based initiatives. A provision in the tax code known as the Johnson Amendment, which restrains religious (and other tax-exempt organizations) from certain political activities, has been challenged recently as a limitation on free speech, however without success so far. Issues involving local government limitations on religious organizations’ land use through zoning restrictions are now being addressed more favorably for religious organizations through the land-use provisions of RLUIPA, although not without controversy. Faith-based initiatives have promoted religious organizations, or faith-based organizations (FBOs), as important government partners, which are eligible to receive public funds for the delivery of social services. Since the late 20th century, there has been a gradual, but significant shift toward greater respect for individuals’ and groups’ religious rights, especially reflected in recent legislation and Supreme Court decisions. Such trends suggest that, although religion has come into conflict with legal-policy developments in other areas, such as those involving gay marriage and contraception coverage, the right to practice one’s religion and participate in public endeavors alongside nonreligious individuals and groups, is likely to continue to expand for the foreseeable future.