Varianten der Unterscheidung von Staat und Kirche: Von strikter Trennung und Distanz über gegenseitiges Entgegenkommen bis zu Nähe, Unterstützung und Kooperation

The article develops a system of church-state relations comprised of six prototypes: (1) aggressive animosity between church and state; (2) strict separation in theory and practice; (3) strict separation in theory, yet accommodation in practice; (4) division and cooperation; (5) formal unity of church and state; and (6) substantive union of church and state. It then concentrates on models (2) through (5), which modern constitutions and international law do not outlaw as violations of freedom of religion. Modern constitutions usually regulate the relationship between the state and religions/churches on two levels: first, through a structural division of the two organizations; and second, by guaranteeing its citizens freedom of religion, which comprises elements of equal treatment as well. Despite these agreed-upon elements within all separation systems (model no. 5 forming a special case), there is considerable variation regarding just how strictly or leniently the separation should be drawn between governmental and spiritual realms; how passive or active the government should act towards religion per se or particular religions; and how uncompromising or compromising the principle of equal treatment should be understood. These questions are illustrated by analyzing seminal decisions of the German Federal Constitutional Court and the U. S. Supreme Court. The cases discussed topically include religious instruction in state schools, religious oaths, financial aid for religions and churches, the display of religious symbols in state schools or on state grounds, and prayer or pledges of allegiance in state schools.