Religions, Constitutions, and the State: A Cross-National Study

Abstract

This study examines whether 169 states follow three types of religion clauses in their constitutions. The presence of these clauses (based on an independent data collection) is compared to the religious discrimination and religious legislation variables from the Religion and State (RAS) dataset. The results show a lack of full observance of these constitutional clauses and that these clauses have at best a limited impact on government behavior. In multivariate analyses, clauses protecting religious freedom have no predictive value for levels of religious discrimination. The bivariate analysis shows that most states with such clauses engage in religious discrimination. States with constitutional separation of religion and state clauses have less religious legislation but all but one of them have at least some religious legislation. Clauses banning discrimination on the basis of religion or protecting equality regardless of religious identity have no effect on religious discrimination.