Modelling the Relationship between State and Religion for Religions in Minority Contexts

Numerous typologies have been developed to explain the relationship between the state and religion. These typologies tend to take a broad top-down approach viewing the relationship between state and religion as homogeneous across the relevant jurisdiction. While useful for broad comparisons this approach conceals the very real differences in the lived experience of the state religion relationship of minorities. For example, while laws relating to the wearing of head coverings and face veils may be couched in neutral language and are, at least theoretically, applicable to all members of society of any faith or none, they have a higher impact on those from faiths where head or face coverings are worn as an expression of faith. Similarly, laws prohibiting the carrying of weapons in public theoretically apply to all equally, but in fact place a heavier burden upon those whose carry symbols of their faith which may, to an outsider, resemble a weapon. Many other such examples could be cited. This paper will use the loop typology developed and refined by Durham and Scharffs along with Hastings six factors, relevant to understanding state religion relationships, to explore methodologies for focusing typological analysis on the lived legal experience of state-religion relationships by minority faiths.