Manifestation of Belief and the “Liberal” Law of Religion: Why It Is Time to Rethink the Status-Quo?

Manifestation of belief is a key component of religious freedom, however in modern pluralist states there are inherent conflicts between practices of the more religious minorities and those of the secular majority. In attempting to mediate those conflicts judges have been faced with the sensitive task of determining the extent to which a particular symbol or practice is worthy of protection by the law. The case law arising from this process has produced some inconsistencies and has shown that not all symbols are equal before the law. As a matter of practice, the law of religion is based on liberal values which tend to favour faith based on orthodoxy over orthopraxy. This article argues that the time has come for a remodelling of the current approach to manifestation of religion and belief and puts forward a holistic approach which considers religion as an element of identity and as such ascribed rather than merely a life choice. It explores the possibility of a modification of current legal tests which would give way to this approach. The argument is considered from three different perspectives namely the emphasis on autonomy within the “liberal law of religion,” the religious vs. secular binary present within the courts’ approach and the difficulty of defining religion and belief