Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-ndmmz Total loading time: 0 Render date: 2024-05-05T17:22:25.074Z Has data issue: false hasContentIssue false

4 - Toward neutrality

from Part II - Religion–State Relations and the Role of Neutrality

Published online by Cambridge University Press:  05 January 2012

Claudia E. Haupt
Affiliation:
George Washington University, Washington DC
Get access

Summary

This chapter explores the common narrative of state neutrality in several contexts. Reading current cases in the area of religion–state relations in Germany and the United States, one might at first glance think that a form of convergence is at work. Both countries appear to be employing the same principle, namely state neutrality, as an analytical approach to religion–state relations; at least this is what the language in the respective courts’ constitutional analyses would have the casual reader believe. Starting from opposite sides of the religion–state relationship spectrum, it seems that while the degree of separation may be declining in the United States, it is increasing in Germany. Indeed, scholars have asserted a narrowing gap between Germany and the United States on religion–state matters.This chapter investigates whether – and if so, how – this narrowing gap is reflected in linguistic convergence on the principle of state neutrality.

Generally, it may be hypothesized that as Germany is faced with growing religious diversity and trying to accommodate a more religiously heterogeneous population, a different approach than the previously dominant close cooperation between the state and the two large Christian churches becomes necessary. The United States, conversely, is increasingly addressing the challenge of a desire by some parts of the population for a greater degree of incorporation of religious elements into public life. It has been suggested that the shift occurring in the United States is based on the assumption that “excluding religion from public life improperly disadvantages it, and … secularism has no special claim to constitutional legitimacy.” This insight, commentators claim, has long been recognized in Germany. But, as in Germany, there is also increasing pluralism – including both religious diversity and a strong secularist sentiment – in the United States.

Type
Chapter
Information
Religion-State Relations in the United States and Germany
The Quest for Neutrality
, pp. 79 - 112
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Eberle, Edward J.Religion in the Classroom in Germany and the United States 2006 81 Tulane Law ReviewGoogle Scholar
Eberle, Edward J.Free Exercise of Religion in Germany and the United States 2004 78 Tulane Law ReviewGoogle Scholar
Walter, ChristianReligionsverfassungsrecht in vergleichender und internationaler PerspektiveTübingenMohr Siebeck 2006Google Scholar
Eberle, Edward J.Religion in the Public Sphere: A Comparative Analysis of German, Israeli, American and International LawBerlin and New YorkSpringer 2007Google Scholar
Wuerth, Ingrid BrunkPrivate Religious Choice in German and American Constitutional Law: Government Funding and Government Religious Speech 1998 31 Vanderbilt Journal of Transnational LawGoogle Scholar
Federal Constitutional CourtDecisions of the Bundesverfassungsgericht – Federal Constitutional Court – Federal Republic of Germany, Volume 4: The Law of Freedom of Faith and the Law of the Churches 1960–2003Baden-BadenNomos 2007Google Scholar
Haupt, Claudia E.Mixed Public–Private Speech and the Establishment Clause 2011 85 Tulane Law ReviewGoogle Scholar
von Campenhausen, Axel FrhrThe German Headscarf Debate 2004 2004 Brigham Young University Law ReviewGoogle Scholar
Muehlhoff, InkeFreedom of Religion in Public Schools in Germany and in the United States 2000 28 Georgia Journal of International & Comparative LawGoogle Scholar
Walterick, StefanieThe Prohibition of Muslim Headscarves from French Public Schools and Controversies Surrounding the Hijab in the Western World 2006 20 Temple International & Comparative Law JournalGoogle Scholar
Zacharias, DianaDas Weihnachtsfest im deutschen öffentlichen Recht 2006 25 Neue Zeitschrift für VerwaltungsrechtGoogle Scholar
Kassel, VGH(State Administrative Court of Hesse) 56 Neue Juristische Wochenschrift 2003Google Scholar
Kassel, VGH(State Administrative Court of Hesse) 2006 59 Neue Juristische WochenschriftGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Toward neutrality
  • Claudia E. Haupt, George Washington University, Washington DC
  • Book: Religion-State Relations in the United States and Germany
  • Online publication: 05 January 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139059527.007
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Toward neutrality
  • Claudia E. Haupt, George Washington University, Washington DC
  • Book: Religion-State Relations in the United States and Germany
  • Online publication: 05 January 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139059527.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Toward neutrality
  • Claudia E. Haupt, George Washington University, Washington DC
  • Book: Religion-State Relations in the United States and Germany
  • Online publication: 05 January 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139059527.007
Available formats
×