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1995 BYU L. Rev. 535 (1995)
The Spanish System of Church and State

handle is hein.journals/byulr1995 and id is 545 raw text is: The Spanish System of Church and State Gloria M. Mordn* I. A NECESSARY HISTORICAL APPROACH An understanding of contemporary church-state relations in Spain requires, at least, a brief historical review. The special relation between the Catholic Church and the Spanish state formally began in A.D. 589 when the visigothic King Recaredus proclaimed the religious (Catholic) and political unity of his kingdom at the Council of Toledo. During the reign of Ferdinand and Isabella in the fifteenth century, the Catholic Church assumed an essential role in Spanish society, culture and law. The deep bond between Catholicism and political power persisted into the Constitutionalist Era of the nineteenth century; all nineteenth century Spanish constitutions (1812, 1837, 1869 and 1876), including that of the Spanish First Republic, declare the Catholic Church to be the established religion, a surprising result considering French liberal influence on those constitutions.' As a result of the Catholic Church's established status, freedom of worship did not exist during the nineteenth century (except under the constitution of 1869) nor during the twentieth century until 1968 (except under the constitution of 1931). Only the Catholic Church was allowed to proselyte. Even among Catholics, religious freedom was limited. Catholics could not contract civil marriages, but were required to marry according to canon law. Relations between the Catholic Church and the Spanish government were not always easy, however, because the political authorities tried to control the national Church. Between 1835 and 1851, the government outlawed traditional * Full Professor of Law, Universidad de la Corufa, Spain. 1. See VICTOR REINA & ANTONIO REINA, LECCIONES DE DERECHO EcL~nSTiIco ES Mi OL 183-244 (1983); IVAN C. IBAN & LUIS PRIETO SANCHIS, LECCIONES DE DERECHO ECLESIASTICO 39-51 (1985). 535

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