Ritið : tímarit Hugvísindastofnunar - 01.05.2011, Blaðsíða 181

181
ÞJÓÐKIRKJA OG TRÚFRELSI
ABSTRACT
State Church and Religious Freedom. Interpretation and Revision
of the Constitution of Iceland (art. 62–64.)
The Icelandic constitution contains a special clause stating that the Evangelical
Lutheran Church should be a State Church in Iceland, as well as establishing a
religious freedom. Here these provisions are interpreted taking similar provisions
in the Danish constitution from 1849 into consideration.
It is demonstrated that the church order is only meant to be descriptive, i.e. to
stipulate the government’s support of the religious tradition (majority church) the
nation embraces.
In light of this interpretation and the changed social environment, it is suggested
that the section about the national church and the religious freedom be joined in a
single clause which will be placed with the human rights clauses. The clause might
be phrased thus:
All persons have the right to practice their religion or life stance in conform-
ity with their individual convictions and to form associations based on those
convictions. Everyone shall be free to remain outside such associations. No one
may on account of his religion or life stance refuse to perform any generally
applicable civil duty. No one shall be obliged to pay any personal dues to any
religious or life stance association of which he is not a member.
The State shall support and protect all registered religious or life stance
associations.
The Evangelical Lutheran Church shall be the State Church in Iceland.
This may be amended by law. That law shall be submitted to a vote for approval
or rejection by secret ballot of all those eligible to vote.
Transl. by Arndís Þórarinsdóttir.
Keywords: Constitution, law and religion, religious freedom, national church, plural-
ism.