Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

in Article V. But by May 1949 liberalism was in collapse, and the constitution was repealed by the restored Diet.

Every German has full freedom of belief and of conscience.

No one is obliged to disclose his religious convictions.

Every German is unrestricted in the common exercise of his religion at home or in public.

Committing a crime and violating a law in the practice of this freedom are to be punished according to law.

The enjoyment of civil and political privileges is neither dependent on nor restricted by religious profession. [However,] civil duties are not annulled thereby.

Every religious association regulates and administers its own concerns independently, but remains subject to the common laws of the land.

No religious association shall enjoy special prerogatives from the state above any other association. Henceforward there is no state church.

New religious associations may be formed; no recognition of their beliefs by the state is needed.

No one may be constrained [to participate] in a churchly observance or ceremony.

The future form of the oath shall read: "So help me God."

The civil validity of marriage depends only on the completion of the civil ceremony; the religious ceremony may occur only after the accomplishment of the civil ceremony.

Religious differences are not a civil hindrance to marriage.

Registry books are kept by the civil authorities.

Source: Ludwig Bergsträsser (ed.), Die Verfassung des Deutschen Reiches vom Jahre 1849 ( Bonn, 1913), pp. 79-81.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

Cambridge Modern History ( New York, 1903- 1912), XI, 142-233.

F. Eyck, The Frankfurt Parliament 1848-1849 ( London, 1968), pp. 228-246.

H. Holborn, A History of Modern Germany ( New York, 1959- 1969), III, 45-98.

R. Lempp, Die Frage der Trennung von Kirche und Staat im Frankfurter Parlament ( Tiibingen, Germany, 1913).

J. Rovan, Le catholicisme politique en Allemagne ( Paris, 1956), pp. 16-59.


94
Danish Constitution (Extracts) June 5, 1849

One of the few enduring liberal gains from 1848 occurred in Denmark, hitherto a nation with strong absolutist traditions. The new constitution, drawn up by a popularly elected convention on the basis of a draft presented by the bishop-statesman, D. G. Monrad ( 1811-1887), viewed

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