Not even Believing in Belonging

Presentation at the ICLARS Conference in Milan Jan 2009

Lisbet Christoffersen

I. Traditional Church-State-Relations

1. The countries

2. What is a state church

3. State of the art – all 5 countries

4. Historical Background

Lisbet Christoffersen; www.law-religion.com; lic@ruc.dk; lic@teol.ku.dk 2

I.1. The Countries

• East-Nordic: Sweden; Finland

• West-Nordic: Denmark; Norway

• North-Atlantic: Iceland, Greenland, Faroe Islands

• The Baltic Sea and PorvooLisbet Christoffersen; www.law-

religion.com; lic@ruc.dk; lic@teol.ku.dk 3

The East-Nordic Countries

Sweden: A Monarchy in all historical times; 9 mio; 75 % members of Church of Sweden; Defence-neutral; A member of EU since 1995

Finland: A republic; 4,5 mio; 80% members of The Finnish Lutheran Church; 3% members of the Finnish Orthodox Church; A member of EU since 1995

The West-Nordic Contries

• Denmark: A Monarchy in all historical times; 5 mio inhabitants; 82 % members of The Danish Peoples Church; Member of NATO since the beginning and of the EU since 1973.

• Norway: A Monarchy; 4,5 mio inhabitants; 85 % members of The Norwegian Church; 10 % members of the Humanist Association; A member of NATO; Not a member of the EU (but associated).

The North-Atlantic Countries• Iceland: A republic since 1874/1944; ½ mio inhabitants; 92

% members of the Icelandic Church; Not a member of the EU nor NATO, but until recently protected by an American Base

• Greenland: A home-ruling country in relationship with Denmark; 45.000 inhabitants; 90 % members of the Church of Greenland; Not a member of the EU; until recently protected by the Thule-Base

• Faroe Islands: A home-ruling community related to Denmark; 30.000 inhabitants; 90 % members of the newly established Faroe Islandic Church; Not a member of EU

The Baltic Sea and Porvoo

• Russia: Orthodox; post-communist and post-atheist; the nordic folktune

• The baltic states – old nordic influence; the baltic human rights commissioner in the 90’es the first to take up freedom of religion from the danish ground; post-atheist, pluralist, human rights based constitutions

• Poland 98% Catholic; Germany: Post-Lutheran pluralist• Porvoo-declaration among the bishop-lead protestant

national-churches

2. 1.State-Churches- The church as part of the public administrative system- The state (or the local church-councils in hierarchical relation to state

authorities) has the right to hire and fire ministers, bishops etc- The public system pays the saliaries- Economically based on church-taxes from the members (Denmark); on

public funding of (all) religions (Norway); of public re-imbursement for the land (Iceland).

- State authorisation of Hymnbook; prayerbook; book on the form of service, texts and prayers for each sunday; rituals for baptism; konfirmation; marriage and funeral

- Who owns the land around the churches?- Church takes care of funerals for all (that do not have their own system)

2.2. State Church regarding Legislative; administrative; Judiciary

• No legal personality (or only legal personality for the local churches)

• Following the law of the land• Under scrutiny of ombudsmen etc• Using the normal judicial system of the land

• All state churches I know do (to a certain extend) have their own administrative system

• But it might be decided on basis of legislation or delegation

2.3. Freedom of Religion ín the North

From post-reformatoric absolutism to enlightenment-based civil constitutionalism meaning:

• Individual Freedom of Religion • Collective Freedom of Religion• For foreigners – for all – freedom to change ones

religion – with no impact on citizenship• A wider margin related to ”the law of the land”

2.4. Church Autonomy?

• Legislative; Judiciary; Administrative

• The law of the Land

• The King – The People – not divided

• The national state and the legal monopoly

3.1. Status - Norway:

• The Church of Norway a state church with own administrative bodies based on delegation, financed 100 % by public funding, ministers are civil servants, it is unclear who owns the churches and the land around

• Other religious communities are private legal institutions, can (since 1967) be publicly funded according to their membership compared with the church of norway

3.2. Current status, Denmark

The evangelical-lutheran church is the danish peoples church and is as such supported by the state. The constitution of the peoples church has to be decided by law.

All inhabitants are allowed to gather in order to serve God after his conviction, though nothing can be taught or done against public moral or public order. Circumstances for religious communities besides the peoples church is to be decided by law.

Religion is not an argument in civil cases and it is not allowed to pay attention to religious affiliation in cases outside religious affairs

3.3. Current status, Iceland

• The Evangelical Lutheran Church is the state church. Equal treatment on basis of among others religion. Land related to the icelandic church is taken over by the state. As reimbursement the state finanses the salaries of all church workers. A state church?

• Other religious communities are private law entities• Citizens who are not members of a religious

community, pay to the University.

3.4. Current Status, Finland

According to constitution two state churches: evangelical-lutheran church and orthodox church

Both with internal administrative and institutional freedom (Ev.Lu.ch since 1867 synod was established during the Zar-regime)

Freedom of religion, rel com legal persons, confessional teaching of religion in public schools

3.5. Current Status, Sweden

2 sets of legislation: one for alle religious communities (incl ChoSw): legal persons, possibility to register and to get church taxes taken in by the state, also covering church of sweden.

Another legislation about the rights and obligations for church of sweden: democratic, national and openminded. Independent function, sui generis between public and private

No State Church

4. Historical Check Points 4.1. Middle Ages

• 600-900 Vikings meeting Christianity at Lindisfarne; Byzans and from the German-Roman empire

• 800-1100: Ribe; Roskilde and Lund (DK); Uppsala (S); Nidaros/Trondheim (N).

• Althing 1000• 1100-1300: Kings in Norway, Sweden and

Denmark formulates National-Christian rulings• Kalmar-Union 1396

4.2. Reformation and Nordic Power Games

Reformation meant:• Breach with the loyalty to the pope – changed to

the King• Re-introduction of only one law of the land• Change of family laws etc to secular law

• In east-nordic countries the internal church-structure was upheld – not in west-nordic countries

4.3. Westphalia; Absolutism

Cujus regio, ejus religioQueen Christina

Based on the grace of the King: invitation to Jews and Reformed Europeans to live in peace-cities as foreigners

All scandinavians were purely lutheran through 300 years

4.4. Linné; Holberg and Brorson:

• Royal Associations of Sciences; Rationalism• Globalisation - internationalisation

• National Legal Studies• Konfirmation

• National Citizenship and State Administration• Top down vs buttom up religious life

4.5. Nordic Liberal Constitutions, Nordic Liberal Theologies

• 1814 Eidsvoll Constitution: upholding of the westphalian principle, no freedom of religion, the king is securing that all norwegians are pure christians

• 1849 Danish constitution: national church (in reality state church) and freedom of religion outside the state system

• 1867 Finnish lutheran synod• 1874 Icelandic constitution: peoples church• 1848 Preussian Constitution breaks the lutheran

principle into a religiously neutral state

4.6. Nordic Legal Idealism, Modernism; Secularisation; World Wars

• Legal cooperation regarding family laws etc without religious influence. Individualisation.

• Modern lifestyle among artists (in Rome) and intellectual elite. Equal treatment.

• The minister not any more member of the leadership of public schools. Curriculum for teaching christianity

• Social Democrats become church-supporters (the small man’s small faith in the common church)

4.7. Nordic Legal Realism vs Human Rights

National Church dimension of Welfare States

Parliamentarian DemocracyVsConstitutional Democracy

Elites and intellectuals still ’natural’ church supporters

4.8. Post-1968 Post-1989

• WCC in Uppsala: deliberative theology• Peace Movement• Elites and intellectuals marxists: no natural

church support

• School curriculum changed into religious neutral teaching of christianity and other religions (not in, but also not about).

4.9. This generation of Scandinavian Politicians is the first that

• Do not know Lutheran Cathecism and Hymn Book• Do not let their children become baptized• Live in a multi-religious situation• Confessionalise the national churches• At the level of elites do not support national

churches unreflected • Reflect on multi-levelled legal systems and multi-

levelled political influences• Go to war (to protect human rights?)

4.10 A post-generation:

• Post-Lutheran• Post-National Churches?• Post-Secular?• Post-Modern?• Post-Tolerant• Post-National?• Post-Parliamentarian? (post-democratic!)

Even without believing in belonging

• Did the Nordic peoples ever go to church – wasn’t always the church an institution for the highlights of the life?

• The impact of a web-based birth-registre

• But at the end of the day…

Conclusion I:

Deep historical intertwinement between Nation state buildingsNordic legal traditionsNordic state churches

II: last decades vast future:

Pragmatism, realism and secularism/sation in the shadows of warm and cold wars: freedom, kingdom and parliamentarian democracy ruling the folk-home’s monoreligious identity to – what?

II: Current problems Securitization vs Inclusiveness

• Denmark vs the (muslim) World - Cartoons

• Norway vs the Human Rights – Folgerø vs. Norway

• Sweden vs its (Christian) Minorities – the Åke Green Fallet

• Finland vs the old and wellknown Neighbours – lay low

• Iceland vs the Economical crisis – also the Church can go bankrupt

• Greenland vs the Climate changes – gold, oil or church

II.1: Changes in the last decades• Church of Sweden from state church to sui generis. Other

religious communities can get support to get church-taxes if they support swedish values

• Finland: attempts to take the status of churches out of the constitution

• Iceland: 1997-law regarding status, government and operation of the Church of Iceland: A legal person. Institutional freedom.

• Norway: strong internal structure in the church of norway. Distinction between school-based and confesssional teaching of christianity

• NPM in the Danish National church

II.2. Changes in the near future

• The norwegian constitutional change from king-lead state-church into a national peoples church; the value § changes; the school-legislation changes

• Faroe Islands got an independent and theologically rather conservativ church – impact of new evangelicalism?

• Finland: change of legal status? Discussions about the impact of public labour law

• Equal treatment of religious communitites?

II.3 a Norwegian changes in constitution 2013:

”the official religion of the state shall remain the ev.lu.rel and all belonging to that have the duty to rise their children into it” changed into

”The Value foundation shall remain our christian and humanist heritage”

”The EvLuChofNo remains the peoples church and is as such supported by the state.” –

No legal autonomy. Ministers still civil servants. Public funding of all religions on equal footing

II3b: Norwegian changes in mandatory religious subjects in school:

From Knowledge about Christianity, Religion and Life Stances into Religion, Lifestances and Ethics with Christianity 40%, othre religions 40 %, lifestances 20 %. Opt outs. Still question about hymns, prayers, christmas services etc

II3c: Object Clause for kindergarten&school system

From ”the school has the duty in cooperation with the home to provide pupils with a christian and moral education”

IntoA compromise formula with a number of generaly

accepted values (democracy, mutual respect, scientific attitude, love for neigbours” but also saying that these values are rooted in ”our Christian and humanist heritage” and ”as rooted in other traditions too”.

II.3. Fields of Concern

• Public funding for religious groups• Equal treatment of gender, sexes, religion etc • Religious family law? Gender-neutral family law?• Religious blind or religious identity? Judges , nurses,

teachers, salespersons wearing religious symbols• The nordic idea of how to teach religion in public

schools• Who takes care of the deads• The role of religion as national markeur

III. Impact of Globalisation and European Integration

• Hesitant; late; or even No membership of the European Union

• Meaning: no framework programmes on equal treatment of religions, please, thank you! (the Metoch-case and the Folgerø-case)

• From normative Human Rights officers to realistic foreign policy – does religion have any role any more?

III.1. Impact of Nordic traditions

On European and Global reflections:• The public private divide reformulated: individial

faith as private – religious organisation as public• Teaching religion non-confessionally in public schools• Western law as secular law with tolerant loop-holes

for religious faith• The state, not the church, as provider of legislative,

judiciary, foreign policy etc• Religion doesn’t count in non-religious matters

III.2. Constitutionally or parliamentary

• Problematising the role of the law in analysing church-state-relations

• The changes happens in the real life

• Thank you for the invitation

III. Conclusion:

Exporting Nordic Values (there is only one law; pragmatism; tolerance)

and/or

importing religious legal systems?

Not even Believing in Belonging

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