State (non-)Neutrality and Conceptions of Religious Freedom

This paper argues that there is no truly ‘neutral’ conception of religious freedom which can be assumed by states when they determine how best to regulate religion. Secularism itself is a religious idea. Narrow, strict secular approaches which entail both institutional and political separation of religion and government are predicated upon theological assumptions and frameworks, as are more avowedly neutral secular or accommodationist approaches which institutionally separate church and state but allow some interaction between religion and government. Obviously, weak or strong establishment approaches also involve more overt religious frameworks which variously allow more or less religious freedom in a particular state. The chapter consequently proposes that the fundamental question is not which approach is neutral (for none are), but which approach is most desirable and best suits the cultural, political and legal arrangements of the specific state