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"Do Democracies Have Separation
of Religion and State?"
Acknowledgments: I would like to thank Patrick James, Shmuel Sandler and Baruch
Susser, as well as the Canadian Journal of Political Science's anonymous reviewers,
for their helpful comments. Any errors of fact or interpretation remain mine alone.
This research was supported by the Israel Science Foundation (Grant 896/00) and
the Sara and Simha Lainer Chair in Democracy and Civility. A copy of the RAS
dataset can be obtained from Jonathan Fox at foxjon@mail.biu.ac.il.
Jonathan Fox, Department of Political Studies, Bar Ilan University, Ramat Gan, Israel;
foxjon@mail.biu.ac.il
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2 Jonathan Fox
Many make the normative argument that SRAS is desirable and even
essential to democracy. For example, Rawls (1993: 151) argues that we
must "take the truths of religion off the political agenda." Demerath (2001:
2) similarly asserts that "separating religion from the state is both possi
ble and desirable." Some would go as far as to claim that liberalism was
at least in part a response to the religious conflicts of the sixteenth and
seventeenth centuries and specifically includes SRAS in the ideology in
order to alleviate this type of conflict (Shah, 2000). Many of these argu
ments are based on the assertion that religion often does not tolerate dis
sent to its dictates, which makes it incompatible with democracy.
This normative argument, that democracy and religion are incom
patible, is by no means universally accepted. Tocqueville argues that "suc
cessful political democracy will inevitably require moral instruction
grounded in religious faith" (Fradkin, 2000: 90-91). Greenawalt (1988:
49, 55) asserts that liberal democracy tolerates people who want to impose
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Abstract. While many argue that separation of religion and state (SRAS) is an essential ele
ment of democracy, others posit that religion is an essential element of democracy's moral under
pinnings. This study examines the debate using data from the Religion and State (RAS) dataset,
which includes 62 variables in six broader categories measuring different aspects of SRAS for
all 152 states with populations of one million or more, as well as data on democracy from the
Polity and Freedom House datasets. It also develops seven operational definitions of SRAS that
can be constructed using this data. Overall, the results show that a clear majority of democra
cies do not have SRAS even when evaluating multiple operational definitions of both democ
racy and SRAS. However, democracies tend to have lower average levels of government
involvement in religion (GIR) than do non-democracies. This is because, while most democra
cies do not have SRAS, there is an upper limit to the amount of GIR that is found in any
democracy that does not appear to apply to non-democracies. All this indicates that the proper
question regarding religion and democracy is not one of SRAS but rather one of how much and
what types of GIR can democracies tolerate.
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4 Jonathan Fox
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"Do Democracies Have Separation of Religion and State? " 5
Measuring SRAS
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6 Jonathan Fox
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"Do Democracies Have Separation of Religion and State? " 1
includes states that generally follow policies of avoiding GIR but have
some limited exceptions to those policies. I include two operationaliza
tions of near-SRAS, with the first being more strict than the second. Of
necessity, these operationalizations are somewhat arbitrary but are argu
ably representative of the intent to allow low levels of GIR within the
definition of SRAS. These operationalizations, as well as the others dis
cussed in this section, are presented in Table 1.
While the absolute-SRAS standard for SRAS is inherent in the cur
rent US tradition of SRAS, it is not discussed extensively in the literature
on the topic. The literature tends to focus on two less strict definitions of
SRAS.3 The first, neutral political concern, defines SRAS as requiring
that the state neither help nor hinder any particular ideal more than oth
ers. This standard of SRAS allows government support and/or interfer
ence in religion, as long as this support and/or interference is equal for
all religions. The RAS variables can be used to measure this standard. This
study creates three different operationalizations of this standard in order
to reflect varying levels of strictness of interpretation of this standard.
For a state to have a level of SRAS consistent with this definition it
would need to be coded as "no support" or "supportive" on the official
support variable, because all of the higher codings involve preferential
treatment for some religions. The latter of these codings does include
support?but on an equal basis?for all religions. The "no hostility" cod
ing of the official hostility variable certainly fits this standard. The other
codings may or may not fit this standard. On the one hand, none of them
imply any preferential treatment of religion, as it is possible for the state
to be equally hostile to all religions. However, at some point the level of
government hostility to religion can be said to violate an intuitive under
standing of SRAS. For the purposes of this study, a coding of "sepa
rationist" is always considered to meet the neutral political concern
standard, because it implies low-level but general hostility toward reli
gion, but the highest coding of "hostility" is deemed to be too high to
meet this definition of SRAS. It also implies a government preference of
an anti-religious ideology that is essentially supporting a secular ideal
over religious ones.
The neutral political concern standard also requires low levels of
religious discrimination, because such discrimination implies unequal
treatment. However, as is the case with the near-absolute-SRAS stan
dard, the operationalization of the neutral political concern standard
allows for some low levels of religious discrimination. Operation
alizing this definition with regard to religious regulation and religious
legislation is also difficult. The state can theoretically engage in low
levels of these types of GIR without violating the neutral political con
cern standard of SRAS but it is difficult to determine exactly where to
draw the line.
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00 o >H > X
Absolute-SRAS None None None None None None 0 Only Neutral Political Concern 3 None & None, separationist Practical Up to 5 Up to 10 Up to 5 Up to 20
Near-Absolute-SRAS 2 None Separationist None Up to 5 Up to 5 Up to 5 Up to 10
supportive separationist
Table 1
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"Do Democracies Have Separation of Religion and State? " 9
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10 Jonathan Fox
Research Design
Unless otherwise noted, all variables in this study are taken from 1990
and 2002 and all tests in this study assess each of these years separately.
These years are used because they are the first and last available for
the RAS data and using them implicitly tests whether the relationships
included in this analysis change over time.
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"Do Democracies Have Separation of Religion and State? " 11
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12 Jonathan Fox
The results presented in Table 2 show that the vast majority of democra
cies do not have SRAS. Depending on the year in question and opera
tional definitions of democracy and SRAS, between 2.9 and 32 per cent
of the states in the most democratic category have SRAS. In fact, in no
category of state in this table do more than 36.8 per cent of states have
any of the operationalizations of SRAS. Furthermore, in a number of
cases, a greater proportion of states in some of the less democratic cat
egories have SRAS than do the most democratic states.
Only one state in the study, the US, has absolute SRAS. The expla
nation for this cannot be found in any uniqueness in the US constitu
tional structure. Of the 128 states in this study for which I was able to
obtain an English-language copy of their constitution, 50 of them (includ
ing the US) have constitutional clauses or the equivalent that declare
SRAS. Yet, as shown in Table 2, the majority of these states do not have
SRAS. What seems to differentiate the US and other states with consti
tutional SRAS clauses is not the clauses themselves but, rather, the
enforcement of those clauses. The US court system traditionally strictly
interprets the establishment clause of the US Constitution. Based on these
results, this policy appears to be the exception rather than the rule.
Given all of this, it is fair to conclude that most governments do not
have SRAS based on any definition or operationalization of the term used
here, and that this is also true for democracies. The verdict also applies
to liberal democracies, as the results are similar for Western democracies.
However, OLS regressions predicting GIR, presented in Table 3, show
that democracies are associated with lower levels of GIR. In fact, with
the exception of the regressions for official support, both the Polity and
Freedom House measures of democracy are significantly and negatively
associated with the RAS variables for all of the regressions, both in 1990
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"Do Democracies Have Separation of Religion and State? " 13
Table 2
The Proportion of States That Have SRAS in 1990 and 2002,
Based On Seven Operational Definitions of SRAS_
% of States That Meet Operationalization of SRAS
Neutral Neutral Neutral
Near Near Political Political Political
Absolute SRAS SRAS Concern Concern Concern Exclusion
Democracy Variable n SRAS 12 12 3 of Ideals
Polity, 1990
10 (most democratic) 26 3.8% 19.2% 23.1% 19.2% 23.1
8 to 9 19 0.0% 15.8% 21.1% 15.8% 31.6% 36.8% 5.3%
6 to 7 8 0.0% 25.0% 25.0% 12.5% 25.0% 25.0% 0.0%
0to5 13 0.0% 0.0% 0.0% 0.0% 7.7% 7.7% 15.4%
-6to-l 14 0.0% 21.4% 21.4% 21.4% 28.6% 28.6% 14.3%
-10 to-7 47 0.0% 19.1% 21.3% 17.0% 23.4% 23.4% 4.3%
Polity, 2002
10 (most democratic) 31 3.2% 6.5% 19.4% 9.7%
8 to 9 29 0.0% 14.3% 21.4% 7.1% 28.6% 28.6% 10.7%
6 to 7 21 0.0% 13.6% 27.3% 13.6% 31.8% 31.8% 18.2%
0to5 18 0.0% 16.7% 16.7% 16.7% 16.7% 22.2% 0.0%
-6to-l 25 0.0% 12.0% 12.0% 8.0% 16.0% 24.0% 8.0%
-10 to-7 23 0.0% 3.6% 7.1% 0.0% 7.1% 7.1% 3.6%
Freedom House, 1990
11 to 12 (most dem.) 31 4.0% 20.0% 24.0% 16.0
8 to 10 26 0.0% 22.2% 22.2% 18.5% 25.9% 25.9% 11.1%
5 to 7 22 0.0% 4.5% 4.5% 4.5% 9.1% 9.1% 13.6%
3 to 4 27 0.0% 23.1% 23.1% 19.2% 26.9% 26.9% 0.0%
0to2 25 0.0% 16.1% 19.4% 16.1% 22.6% 22.6% 3.2%
Freedom House, 2002
11 to 12 (most dem.) 35 2.9% 11.4% 25.7% 11.4% 25.7% 28.6% 2
8 to 10 32 0.0% 12.5% 18.8% 9.4% 21.9% 25.0% 6.3%
5 to 7 31 0.0% 9.7% 16.1% 9.7% 19.4% 22.6% 9.7%
3 to 4 25 0.0% 12.0% 12.0% 8.0% 12.0% 16.0% 4.0%
0to2 29 0.0% 6.9% 10.3% 3.4% 12.8% 17.2% 3.0%
W. Democracies, 1990 20 5.0% 20.0% 20.0% 15.0% 20.0% 25.0% 10.0%
W. Democracies, 2002 20 5.0% 10.0% 20.0% 10.0% 20.0% 20.0% 10.0%
State has SRAS clause
in constitution, 2002 50 2.0% 12.0% 26.0% 10.0% 30.0% 36.0% 24.0%
All states, 1990 132 0.8% 17.4% 19.7% 15.9% 23.5% 24.2% 8.3%
All states, 2002 152 0.7% 10.5% 17.1% 8.6% 19.1% 22.4% 10.5%
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Official Support Official Hostility General Restrictions
Maj. Other
Maj. Other Christ -.016 -.009 -.005 -.003 -.380*** -.331*** -.277*** -.261** -.155 -.103 Christ -.146 -.123 -.229** -.196* -.160* -.134 -.373**** -.369**** -.215** -
Maj. Orthodox .037 .041 .185** .187** -.098* -.109 -.125 -.159* .005 -.013Rel. Diversity -.088 -.155* -.243** -.278*** -.050 -.123 -.265***
e Stabil ty .081 .104 .019 .019 .0 4adj-r-squared
.038 .128 .158 .026 .04 .456 .442 .405 .405 .125 .166 .167
Per-Capita .148.085-.071
GDP .234
.065 .239
Maj. Catholic -.124 -.110 -.154 -.144 -.224 -.195 -.058 -.097 -.208* -.174
Log Population -.047 .002
.099 -.002
.123 .089.129
.201.146 .141*
.026 .053.102
.094.195**
Rel. Diversity -.648**** -.686**** -.658**** -.651**** .090 .060 .146 .099 -.289*** -.299***
.188 .144*
Table 3 Independent
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- 5^
_ fl} J?
-?
1990 2002 1990 2002 ^
DF 145 147 128 124 145 147 127 124 145 147 ?
Log Population .175*** .118* .247**** .235**** .225**** .167*** .256**** .263**** .268**** .227**** fl>
Maj. Islam .313**** .327*** .328**** .327**** -.051 -.051 .048 .023 ^
Maj. Orthodox -.081 -.093 -.012 -.024 -.057 -.073 .152** .115* ^
adj-r-squared .583 .562 .517 .531 .482 .502 .586 .599 g.
Regime Stability .047 .065 -.039 -.025 .055 .092 .017 .053 ^
Religious Legislation General GIR ^
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16 Jonathan Fox
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"Do Democracies Have Separation of Religion and State? " 17
Figure 1
Scatter-plots for Democracy and General GIR, 1990 and 2002
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autocratic ones. Using the results for general GIR in 2002, the demo
cratic states that come the closest to being religious states are Israel (gen
eral GIR = 36.84), Greece (general GIR = 33.31), Finland (general GIR =
32.88) and Costa Rica (general GIR = 31.61). While the governments of
these states are substantially involved in religious matters, there is no
comparison between them and the more autocratic states, which score
much higher on the general GIR measure, such as Saudi Arabia (77.56),
Iran (66.59), Egypt (62.92) and Jordan (60.51).
This brings up an interesting result. The majority of the highest
scoring states on the general GIR variable are states with Muslim major
ities. In fact, nine of the highest ten scores on general GIR are found in
Muslim majority states, as are 21 of the 25 top scoring states. In con
trast, none of the top 25 are Christian states. Sixteen of the lowest 25
scoring states are Christian states and only three of them are Muslim.
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>
Table 4 ?
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"Do Democracies Have Separation of Religion and State? " 19
Conclusions
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20 Jonathan Fox
Notes
1 For a more complete discussion and critique of this theory see, among others, Fox
(2002: 31-64) and Wilson (1982).
2 For more on this debate see Dalacoura (2000: 879), Lewis (1993: 96-98), Stepan
(2000: 46-49), Esposito and Piscatori (1991), Fuller (2002) and Hefner (2001: 494).
3 I use the descriptions provided by Madeley (2003a) of these definitions of SRAS but
it should be noted that Madeley's discussion is based on Raz (1986).
4 For more details see Jaggers and Gurr (1995) and the Polity project Web home page
at http://www.cidcm.umd.edu/inscr/polity/index.htm.
5 It should be noted that the Freedom House measure includes religious freedom as
one of its components, so there are some minor issues of covariance with the RAS
variables, especially the religious discrimination variable.
6 See, for example, Midlarsky (1998) and Fisch (2002).
7 For the purposes of this analysis, Western democracies include Western Europe, North
America, Australia and New Zealand.
8 The phrasing of these clauses varies. They include statements such as bans on declar
ing a religion, declarations that there is no official religion, and declarations that the
state is a secular one.
9 For more details see http://unstats.un.org/unsd/default.htm. I selected this variable
over others like the UN's human development index and birth mortality because it
was available for more states. However, the results based on these other measures of
economic development are similar to those for log-per-capita-GDP.
10 This category includes Christian denominations that do not fit into any of the other
categories, states where no one Christian denomination is in the majority, and states
where information on denomination is unavailable or unclear.
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"Do Democracies Have Separation of Religion and State? " 21
11 A variable measuring the "other" category in the religious population variable is not
necessary because the variables for Catholic, other Christian and Islam, when used
together, effectively control for this final category.
12 See, for example, Minkenberg (2002) and Norris and Inglehart (2004), who provide
extensive references to this literature.
13 This variable is taken from Barro and McCleary (2003) and measures religious diver
sity in 2000. As religious diversity does not change significantly over short periods
of time, using this variable for the years 1990 and 2000 is not problematic.
14 For a more complete discussion of this finding see Fox (2006).
15 For a further discussion of the supply-side theory of religion see, among others, Nor
ris and Inglehart (2004), Chaves and Cann (1992) and Stark and Iannaccone (1994).
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0. No support.
1. Supportive: The state supports all religions more or less equally.
2. Cooperation: The state falls short of endorsing a particular religion
but certain religions benefit from state support more than others. (Such
support can be monetary or legal.)
3. Civil religion: While the state does not officially endorse a religion,
one religion serves unofficially as the state's civil religion.
4. The state has more than one official religion.
5. The state has one official religion.
0. No hostility.
1. Separationist: Official SRAS, and the state is slightly hostile toward
religion.
2. Inadvertent Insensitivity: There is little distinction between regulation
of religious and other types of institutions.
3. Hostile: Hostility and overt prosecution of all religions.
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24 Jonathan Fox
The results are then totalled to result in a composite variable that ranges
between 0 and 48. A full listing of the components of this variable, as
well as the components of the next two variables, can be found in Fox
(2006).
I weight each component in this measure equally (and do the same
for the measures described below) not because I feel that each is equally
important. Rather, it is because there is unlikely to be any consensus as
to the weight that should be given to each of these 16 measures. Given
this, the most transparent option is to weight each equally. As each com
ponent variable is coded separately, others who wish to weight them dif
ferently will be able to do so.
The fifth variable, religious regulation, measures whether the gov
ernment regulates all religions or the majority religion. It includes 11
separate components, each of which is coded on the following scale:
0. No restrictions.
1. Slight restrictions including practical restrictions or the government
engages in this activity rarely and on a small scale.
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"Do Democracies Have Separation of Religion and State? " 25
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