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2004 BYU L. Rev. 607 (2004)
Church-State Relations and the Legal Status of Religious Communities in Solvenia

handle is hein.journals/byulr2004 and id is 623 raw text is: Church-State Relations and the Legal Status of Religious Communities in Slovenia Dr. Lovro Sturm* 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 * Professor, Faculty of Law, University of Ljubljana, and former member of the Slovenian Constitutional Court (Justice 1990-98, Chief Justice 1997-98). 607

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