Church-State Relations and the Legal Status of Religious Communities in Slovenia

By Sturm, Lovro | Brigham Young University Law Review, January 1, 2004 | Go to article overview

Church-State Relations and the Legal Status of Religious Communities in Slovenia


Sturm, Lovro, Brigham Young University Law Review


I. INTRODUCTION

Although religious freedom in the Republic of Slovenia is protected under the Constitution of 1991, the doctrines defining the contours of the church-state relationship are still developing. The legislature and courts have taken various approaches in defining this relationship-at times they apply principles of strict government neutrality, and at other times, they provide more room for church-state cooperation in achieving common social goals. This Article provides a survey of religious freedom in Slovenia and emphasizes the potential for church-state cooperation. Beginning with a brief history of the church-state relationship in Slovenia, this Article focuses on the current constitutional and statutory provisions affecting religious communities and reviews modern trends in church-state cooperation in Slovenia. Since its emergence from the oppressive Communist era, Slovenian law has tended to rely on concepts of strict neutrality in defining the church-state relationship. However, as Slovenia continues to redefine its position in the area of religious freedom, it should adopt the more modern approach of elevating religious freedom over mere toleration by allowing the State to maintain a cooperative relationship with religious communities that recognizes the beneficial social function that religions fulfill.

II. HISTORICAL AND SOCIOLOGICAL OVERVIEW

The Roman Catholic Church has traditionally occupied a special position in Slovenia. Based on its long-standing influence in the region and the number of its adherents, Catholicism may legitimately be termed the national religion of Slovenia.1 As such, the development of the Church's relationship vis-à-vis the State reflects, in many respects, the trends of church-state relations generally in Slovenia.

Under the Habsburg Empire, of which Slovenia was a part, the Roman Catholic Church was the state church for centuries.2 By the end of the eighteenth century, the State had become secularized,3 but the Church retained a special influence over secular politics which continued until World War II4 when, with the emergence of the Socialist Federative Republic of Yugoslavia (SFRY), a Communist regime, the Church was heavily persecuted by the State.5 Ironically, despite the SFRY's declared principle of the separation of church and state, the Catholic Church in Slovenia was actually under strict state control during the period between 1945 and 1990.6 The legal status and actual position of religious communities in the SFRY were not solely determined by generally known and published legal rules. They were primarily determined-especially in the case of the Roman Catholic Church-by strictly confidential legal rules which, together with other confidential regulations, formed a parallel secret legal system.7 These secret internal rules were established with the view that the Catholic Church was a "permanent internal enemy," which has "opened an ideological confrontation with the then sociopolitical conceptions."8 These rules sought to limit the social influence of the Church. For example, between World War II and 1991, religious communities were forbidden to engage in "activities of a general or social significance,"9 including educational activities.10 In 1945, the government prohibited the operation of any kind of private schools, and many private schools that operated before this time were nationalized.11 Religious communities could establish only religious schools to educate priests, and diplomas from these religious schools were not publicly recognized.12 As a result, the atheism prescribed by Marxism was the privileged belief in Slovenia for almost half a century and was encouraged throughout the educational system.13 Relations between the Church and State did not improve until the Holy See and Yugoslavia reestablished diplomatic relations in 1966.14 But even after 1970, although free profession of religion was constitutionally guaranteed, the Catholic Church and other religions were not allowed to appear in public life. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Church-State Relations and the Legal Status of Religious Communities in Slovenia
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.